Court dismisses Zuma corruption charges appeal

Remigio Civitarese
Ottobre 13, 2017

Zuma and the NPA asked for leave to appeal the Gauteng North High Court judgment previous year, which ruled in favour of the Democratic Alliance (DA), setting aside the 2009 decision by the NPA's former Director of Public Prosecution, Mokotedi Mpshe, to discontinue the corruption case against Zuma on the basis of irrationality.

"The conclusion of the court below that the decision to terminate the prosecution was irrational can not be faulted", judge Eric Leach said in his ruling delivered in Bloemfontein.

The SCA was now ready to give its verdict after Zuma and the NPA conceded that former NPA boss Mokotedi Mpshe's decision not to prosecute him for corruption charges was irrational.

Charges were first brought against Zuma in 2005 but dropped by prosecutors in 2009.

In 2016, a full bench of judges overturned the NPA's decision to drop the corruption charges against Zuma that related to fraud, racketeering and money laundering.

Both the NPA and Zuma turned to the SCA after the High Court denied them direct access for an appeal.

President Zuma and the NPA have also been ordered to pay the costs of the failed application.

The High Court in Pretoria ruled earlier this year that the 2009 decision to withdraw charges was irrational and set it aside.

Handing down judgment on Friday, Justice Leach pointed to a number of ways in which Mpshe's decision was irrational - including the fact that the prosecution team had been excluded from the decision.

At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".

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

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