Spy Tapes appeal: Judge says NPA has ‘steep hill’ to climb
The NPA and Jacob Zuma have approached the Supreme Court to challenge the High Court's decision that the withdrawal of charges against the president was irrational.
BLOEMFONTEIN - The opening session of the National Prosecuting Authority’s (NPA) appeal against the withdrawal of criminal charges against President Jacob Zuma has focused on a legal technicality, namely that of whether a prosecutions boss can review his own decision.
The NPA and Zuma have approached the Supreme Court in Bloemfontein to challenge the High Court's decision that the withdrawal of charges against the president was irrational.
Former acting prosecutions boss Mokotedi Mpshe withdrew the charges in 2009 after considering representations from Zuma.
But the High Court in Pretoria set aside the decision last year on grounds that it was irrational.
WATCH: Proceedings at the Supreme Court
The NPA’s advocate Hilton Epstein told the court that he was duty-bound to raise an issue he identified while drafting his arguments.
He referred to Mpshe’s decision to withdraw the charges against Zuma, which was a review of the former NDPP’s decision.
Case law holds that an NDPP can’t review their own decision.
#ZumaSCA Epstein seeking clarity on whether NDPP can review another NDPP decision. Case law says no. BB— EWN Reporter (@ewnreporter) September 14, 2017
It’s understood that this aspect of the case has been overlooked in the eight years it has traversed various courts.
Justice Mahomed Navsa noted that this submission created a very steep hill for Epstein to climb.
#ZumaSCA Navsa to Epstein: I don’t know how you et past the first point. If you exercise power you never had, thats the end of it. BB— EWN Reporter (@ewnreporter) September 14, 2017
#ZumaSCA Navsa asks why there is no affidavit from Mpshe? Why is there no explanation from the central figure in this matter? BB— EWN Reporter (@ewnreporter) September 14, 2017
#ZumaSCA Navsa puts t to Epstein - nobody seems to know who made the decision. BB— EWN Reporter (@ewnreporter) September 14, 2017
(Edited by Shimoney Regter)