All eyes on Bloemfontein as Supreme Court rules on spy tapes
Oct 13 2017 by Desiree Burns
Zuma and the National Prosecuting Authority (NPA) wanted the appeal court to overturn the High Court's decision, which found that the 2009 decision by acting prosecutions head Mokotedi Mpshe to drop the 783 counts of fraud, corruption and racketeering, was irrational.
This SCA judgement has been seen by many analysts and legal experts as the final note in the eight year long saga, during which the President himself admitted it was a irrational to withdraw the charges of corruption against him.
Zuma and the NPA asked for leave to appeal a judgment of the Gauteng North High Court past year, which ruled in favour of the Democratic Alliance (DA), setting aside the 2009 decision by the NPA's former director of public prosecutions Mokotedi Mpshe to discontinue the corruption case against Zuma on the basis of irrationality.
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"The reasons for discontinuing the prosecution given... do not bear scrutiny", said Supreme Court judge Eric Leach who read the ruling. That decision allowed Zuma to run for president in 2009. Zuma's counsel Kemp J Kemp SC hinted that their next move would be to approach the NPA to once again consider Zuma's representations.
Kemp said that if the SCA finds that Mpshe did not make a rational decision, then someone would have to make a rational decision on that basis.
Since then, the DA has challenged the matter in court.