Zuma spy tapes should not be confidential: DA

24 July 2013 - 14:10 By Sapa
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President Jacob Zuma has not submitted an affidavit stating why transcripts of the tapes which led to charges against him being dropped are confidential, the High Court in Pretoria heard.

Sean Rosenberg, SC, for the Democratic Alliance, said it would be inappropriate to withhold the records on the basis of a privilege of confidentiality.

"The contention on this matter is that the confidentiality cannot attach to documents which are the subject of a decision to discontinue with the prosecution [of President Jacob Zuma].

"The privilege doesn't arise. The third respondent [Zuma] cannot claim in any court any privilege to the transcripts of the recorded conversation," he said.

The National Prosecuting Authority (NPA) had acquired the transcripts from the National Intelligence Agency.

"It is those transcripts that are the subject of our application. Those transcripts are not privileged for confidentiality in themselves, the first respondent [the NPA] appears to recognise that."

"The question is... does the production of the transcripts serve in any way to undermine the confidentiality of the representations [for Zuma during his case]?" asked Rosenberg.

He said it was claimed the representations were confidential.

"No case has been put up as to how the transcripts in any way breached the confidentiality of the representations."

He told the court earlier that the NPA was in contempt of court for not complying with a Supreme Court of Appeal order to release the documents.

Rosenberg said the DA sought the court's intervention for the release of the documents.

"There are two elements to this case. The first is an application to compel the production of the record [the documents and tapes].

"The second is to seek relief with regards to a contempt of the court. Both applications are strong," he told the court.

The DA wants access to the so-called Zuma spy tapes, recordings of intercepted phone conversations, which the party believes will shed light on the dropped fraud and corruption charges against Zuma.

The recordings formed the basis for a decision in 2009 by then acting NPA head Mokotedi Mpshe to drop the charges.

Judge Rami Mathopo asked how it would be possible to separate the transcripts and other documents, including memoranda describing what the tapes contained, from the representations.

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