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S.Africa court clears way for Zuma graft prosecution

13 October 2017

The Supreme Court of Appeal found that the motivation behind the timing of serving the indictment would not affect prosecution.

Zuma and the NPA asked for leave to appeal the Gauteng North High Court judgment past year, which ruled in favour of the Democratic Alliance (DA), setting aside the 2009 decision by the NPA's former Director of Public Prosecution, Mokotedi Mpshe, to discontinue the corruption case against Zuma on the basis of irrationality.

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A year ago the High Court in Pretoria found that the NPA should not have withdrawn the 783 counts based on the spy tapes' revelation that then head of the Scorpions, Leonard McCarthy and then head of the NPA, Bulelani Ngcuka schemed about the timing of indicting Zuma.

The ruling will be delivered at 09:30 in Court A. That would leave the decision in the hands of NPA boss Shaun Abrahams‚ who is seen as a Zuma ally.

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In April 2009, then acting national director of public prosecutions Mokotedi Mpshe dropped the corruption charges based on what became known as the spy tapes, which allegedly showed political interference in the decision. But not before the NPA's legal counsel conceded that Mphse had "used the wrong power" to withdraw charges against Zuma.

Mpshe also wrongly invoked and relied on section 179 (d) of the Constitution when he made the decision, said Justice Leach. The decision now lies with the NPA.

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At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".

S.Africa court clears way for Zuma graft prosecution