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President Jacob Zuma and the National Prosecuting Authority stood before the Supreme Court of Appeal today over charges against Zuma that were dropped eight years ago.
In 2009 the National Prosecuting Authority’s former acting head, Mokotedi Mpshe, withdrew more than 700 charges of corruption, fraud, racketeering and money laundering against Zuma.
The Democratic Alliance subsequently launched a review application with the North Gauteng High Court to review and set aside Mpshe’s decision. The high court ruled that Mpshe’s decision was irrational and denied both Zuma and the National Prosecuting Authority leave to appeal.
Today, the National Prosecuting Authority approached the court to appeal the order by the high court that the corruption charges be reinstated.
Advocate Kemp J Kemp, who argued on Zuma’s behalf, went back and forth with the judges on Zuma’s position of the appeal.
Kemp said they would accept a decision to prosecute but would like to be given notice of when the trial is to start and if there would be the same indictment, for an opportunity to make fresh representations.
Advocate Hilton Epstein, who argued for the National Prosecuting Authority, said the failure to serve an indictment was politically motivated, to influence the Polokwane conference to ensure former president Thabo Mbeki was re-elected.
Judge Mahomed Navsa asked Epstein to read out excerpts of the transcripts of the telephonic conversations between former Scorpions head Leonard McCarthy – also known as Spy Tapes – and questioned whether they showed any evidence of conspiracy.
Both Epstein and Kemp subsequently conceded before the five justices that Mpshe’s decision not to prosecute Zuma should be set aside.
Conversations on Twitter questioned whether this appeal was not a waste of state resources:
What a waste of state resources...and time. I blame u Kemp J Kemp. You shud have told your client dat it is not winnable
— Pora Manoto (@pora_manoto) September 14, 2017
And the Kemp J Kemp goes to court to tell us charges shouldn't have been dropped! We're a level 10 joke! #SpyTapes
— Kenneth Matau (@Morwatau) September 14, 2017
#ZumaSCA does one realise that #Zuma via Kemp J Kemp and #NPA is costing us #taxpayer
— #AlooterContinua? (@shandu009) September 14, 2017
The only thing that has changed in eight years is Kemp J Kemp's bank balance.#ZumaSCA https://t.co/XHVFyKZGGx
— Ben Pooler (@benpooler) September 14, 2017
Judgment has been reserved.
Meanwhile, former head of public prosecutions Mxolisi Nxasana told News24 that proceedings in the Supreme Court of Appeal finally made him understand why he was ousted as head of the National Prosecuting Authority.
Nxasana spoke to News24 just minutes after both Zuma and the NPA’s legal counsels conceded that Mphse had been irrational.
Read: ‘Spy tapes’ saga used to assassinate my career – former NPA boss
Nxasana accepted a golden handshake of R17.3 million from President Jacob Zuma and left office in 2015.
Before that, an inquiry into his fitness to hold office was abruptly halted, without any explanation.
He still believes his departure was linked to the corruption charges against the president, with some fearing that he would reinstate them.
“I know that this is the very same matter that was used against me to assassinate my career, also to humiliate me and my family,” Nxasana said.
“At the end of the day, I can only make assumptions because these people succeeded in their dirty tricks.” – Additional reporting by Phelokazi Mbude
