NPA studying Zuma records ruling

22 March 2012 - 02:49
President Jacob Zuma. File photo.
President Jacob Zuma. File photo.

With less than two weeks to go before it has to produce records that led to the 2009 decision to drop criminal charges against President Jacob Zuma, the National Prosecuting Authority will soon meet its lawyers to discuss the way forward.

Possible options could even include going to the Constitutional Court to reverse Tuesday's ruling by the Supreme Court of Appeal.

The court ruled that the decision by Mokotedi Mpshe, then acting national director of public prosecutions , to drop the charges against Zuma could be subjected to a review by a court.

NPA spokesman Mthunzi Mhaga yesterday said its counsel would study the judgment to determine the next step.

If Zuma and the NPA adhere to the judgment, the matter will be referred back to the North Gauteng High Court, where the merits of the decision will be argued.

The SCA ordered that the NPA "produce and lodge" the record of the decision with the Registrar of the Court within 14 days.

The records - which contain everything that led to Mpshe abandoning the case, including transcripts of the controversial spy tapes - will exclude submissions made by Zuma.

The SCA ruled that written submissions, memorandums and oral representations made by Zuma to the NPA were protected and would not be disclosed.

Though the SCA did not deal with the merits of the case, it ruled on the question of whether Mpshe's decision could be reviewed by a court and if the D A , which brought the application, had a legal standing to do so.