Zuma, NPA Now Agree: Dropping Corruption Charges Was 'Irrational'

Zuma, NPA Now Agree: Dropping Corruption Charges Was 'Irrational'”

It was clear from the concessions by the legal teams and by the questions from the Court that the decision to discontinue the prosecution against Jacob Zuma is going to be set aside.

"If Mr Zuma is unsuccessful in the constitutional court then according to another case in the supreme court of appeal, the charges are automatically reinstated and he should be prosecuted on those charges", South African Law professor, Steven Tuson said.

Kemp J Kemp for Zuma made the concession in the Supreme Court of Appeal (SCA) on Thursday but said his that client wanted the opportunity to make fresh representations to the National Director of Public Prosecutions (NDPP). The court reserved judgment in the case.

The NPA and Zuma were initially asking for leave to appeal a judgment of the Gauteng North High Court a year ago, which ruled in favour of the DA in setting aside the 2009 decision by Mpshe to discontinue the corruption case against Zuma, on the basis of irrationality.

Zuma, who denies wrongdoing, could still appeal to the Constitutional Court to have the charges thrown out should the appeals court decide the case must proceed. And in an earlier case, the SCA had found that it was Mpshe who had made a decision to indict Zuma. Epstein tried to argue that Mpshe had not been invoking his power to review, but rather his power to "reconsider", a power he also has under the Constitution.

The appeal court judges also pointed out that they had difficulty establishing that McCarthy was really the driving force behind the decision to postpone, purely by looking at the content of the transcriptions.

Epstein had to concede that the Constitutional Court judgment was "against me" and that this effectively implicated the rationality of Mpshe's decision.

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