President Jacob Zuma’s attorney, Michael Hulley, may avoid prosecution for being in possession of the so-called spy tapes as no one has challenged the legality of the recordings. The tapes are recordings of telephone conversations between the boss of the now defunct Scorpions, Leonard McCarthy, and the former National Prosecuting Authority (NPA) head, Bulelani Ngcuka. The conversations were perceived to have reflected political interference in the timing of the serving of an indictment on Zuma, who was facing corruption charges. The issue of the spy tapes was again under the spotlight in the Supreme Court of Appeal (SCA) last week. How or from whom Hulley obtained the recordings has never been revealed. The legality of the spy tapes has also never been challenged in a court of law. Constitutional law expert Pierre de Vos said that Hulley should be prosecuted, but a certificate proving the validity of the recordings was required. If the recordings were valid, it would have been illeg...

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