SCA rules against Zuma and NPA in spy tapes appeal — Newsflash

South Africa's Supreme Court of Appeal on Friday upheld a High Court ruling to reinstate hundreds of corruption charges filed against Jacob Zuma before he became president.

But the NPA indicated that it wanted prosecutions boss Shaun Abrahams to have another bite of the cherry and decide afresh if Zuma should be charged.

Zuma's legal team made a concession during arguments at the SCA when they agreed that the decision to drop the charges was irrational.

The High Court in Pretoria ruled earlier this year that the 2009 decision to withdraw charges was irrational and set it aside which had the automatic effect of the charges being reinstated against the president.

Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.


Mpshe also wrongly invoked and relied on section 179 (d) of the Constitution when he made the decision, said Justice Leach.

Both the NPA and Zuma turned to the SCA after the High Court denied them direct access for an appeal. The decision now lies with the NPA.

Since then, the DA has challenged the matter in court.

Advocate Kemp J Kemp, SC, for Zuma, told the full bench of justices that he believed that the NPA had erred in their decision.

Zuma's prosecution was discontinued by Mpshe - based on the "spy tapes".

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