DA pushes ahead with Zuma court review

09 November 2014 - 16:06 By Sapa
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DA leader Helen Zille emerges from the Pretoria High Court brandishing a sealed bag containing a memory stick on which recordings of the so-called spy tapes are stored, after a five-year legal battle. File photo.
DA leader Helen Zille emerges from the Pretoria High Court brandishing a sealed bag containing a memory stick on which recordings of the so-called spy tapes are stored, after a five-year legal battle. File photo.
Image: Moeletsi Mabe

The DA confirmed on Sunday that it had taken further legal steps to get a court review of the dropping of corruption charges against Jacob Zuma, under way.

"The DA, on Thursday, lodged a supplementary affidavit... that outlines the reasons that the decision to drop the charges against president Zuma was in fact irrational and should therefore be set aside," Democratic Alliance federal executive chairman James Selfe said in a statement.

The lodging of these court papers is the DA's first legal step since it gained possession of the so-called spytapes, to push ahead for the review.

The opposition party first launched its application to have the decision to drop the charges reviewed in 2009. It then waited over five years, to receive the tapes which form part of the record of decision.

The tapes, containing recorded phone conversations, allegedly reveal collusion between the former head of the Directorate of Special Operations (the now defunct Scorpions) Leonard McCarthy, and the NPA's former head Bulelani Ngcuka.

Acting National Director of Public Prosecutions Mokotedi Mpshe contended that discussions recorded in the tapes about when to charge Zuma -- in relation to the ANC's Polokwane conference in December 2007 -- indicated there was a political conspiracy against Zuma and as such the case against him could not continue.

Zuma was elected as ANC president during the 2007 conference -- trumping former president Thabo Mbeki.

Approximately a week later, Zuma was charged with corruption in relation to alleged links to the arms deal.

However, Mpshe then had the charges dropped in 2009, shortly before Zuma was sworn in as the country's president.

In its affidavit, the DA said that even if an official like McCarthy might have been "willing or prepared to manipulate the process in this period. It is evident that he did not in fact do so...

"In light of the record which has now been provided... it is with respect, simply not credible that Mpshe's stated reasons actually formed the basis for his decision...

"There was simply no rational connection between the information which [was] served before Mpshe, the purpose of his powers, and the decision that he made," Selfe was quoted as saying in the affidavit.

On Sunday, Selfe said Zuma needed to be treated like any other member of the public.

"The DA has long held [that]... the president may indeed not be guilty of corruption but must, like any other citizen, have his day in court."

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