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'DA's case against Zuma is fatally flawed'

Jacob Zuma's lawyer Michael Hulley says the DA’s case should be dismissed with punitive costs.

FILE: Zuma's lawyer Michael Hulley says the DA’s case should be dismissed with punitive costs. Picture: GCIS.

CAPE TOWN - President Jacob Zuma's lawyer says the decision to drop fraud and corruption charges against him was not illegal or irrational.

In an affidavit filed late last night at the North Gauteng High Court, Michael Hulley said the Democratic Alliance's bid to have the decision overturned is fatally flawed and should be dismissed with punitive costs.

Hulley said the then acting National Prosecutions Authority (NPA) boss Mokotedi Mpshe never relied solely on the so called spy tapes to make his decision to drop the charges against Zuma in 2009.

The secret recordings were of conversations between Scorpions boss Leonard McCarthy and former NPA chief Bulelani Ngcuka allegedly conspiring to manipulate Zuma's prosecution.

Hulley said the decision to drop the charges recognised the extent to which the prosecution was being manipulated by McCarthy, including the illegal covert operation known as the 'Browse Mole Report'.

Hulley said Zuma's time and political career became the "play thing" of the Scorpions and that the law was broken so as to further the aims of his political enemies in the ANC

Mpshe decided the prosecution was tainted and decided to end it.

Hulley said there was nothing illegal or corrupt in his coming to that conclusion and argues the decision should stand.

The tapes, which feature recordings of 36 conversations over five months, may be used against the president.