NPA can intervene at any time during a private prosecution

If civil rights group AfriForum succeeds in taking Duduzane Zuma to court‚ the NPA can intervene at any time.

This is according to legal experts.

AfriForum announced on Tuesday that they would pursue the prosecution of the president's son. Renowned prosecutor Gerrie Nel will be leading the charge. In 2015‚ the National Prosecuting Authority (NPA) decided not to prosecute Zuma.

AfriForum is in the process of applying for a nolle prosequi – a certificate needed for a private prosecution. Such a certificate can only be obtained once the NPA has made a decision not to prosecute a matter.

AfriForum wants to prosecute Zuma for the death of Phumzile Dube‚ who died after Zuma crashed his Porsche into the minibus taxi she was travelling in on the M1 highway in 2014.

Zuma claimed during the inquest that his vehicle had hit a puddle of water on the highway‚ and that he lost control of his car before he collided with the taxi. The force of the impact spun the taxi into a barrier.

The NPA declined to prosecute‚ claiming a review of the evidence showed there was no chance of a successful prosecution.

This was despite inquest magistrate Lalitha Chetty ruling that Zuma had been negligent‚ and that his actions had led to Dube’s death.

University of Witwatersrand Professor Stephen Tuson said the NPA must provide AfriForum with the certificate‚ if the NPA decides not to prosecute.

"At any time during the trial‚ [the NPA] can step in and take over the prosecution‚" he explained.

University of Pretoria Professor Wium de Villiers said that if the NPA steps in‚ they have to prosecute.

"If they don’t prosecute‚ then you get a certificate [nolle prosequi] again … In the end‚ this man [Zuma] will be prosecuted."

De Villiers said the inquest magistrate decides if there is enough evidence to refer the matter to the NPA for possible prosecution.

"The fact that you refer it to the NPA means that you think there is a case."

Tuson said AfriForum can take the matter on review‚ if the NPA intervenes and tries to stall the prosecution.

Nel said the NPA never consulted Dube’s family in their decision not to prosecute Zuma.

De Villiers said the NPA is not obligated to consult the family in their decision‚ but the family has to be consulted if a plea agreement is discussed‚ or when someone is applying for parole.