Zuma Corruption Charges: DA files affidavit to SCA opposing Zuma appeal
21 August 2016
The DA has filed its answering affidavit with the Supreme Court of Appeal (SCA) in the latest round of the Zuma Corruption Charges saga.
President Zuma seeks leave to appeal the judgement handed down by a full bench of the North Gauteng High Court, which reinstated the 783 fraud, racketeering and corruption charges he was facing.
The DA argues that there are no reasonable prospects of success nor are there any other compelling reasons why the appeal should be heard, the full bench of the North Gauteng High Court fully ventilated the issues and they too came to the determination that an appeal to the SCA would be unsuccessful.
President Zuma argued that it was a breach of the Separation of Powers doctrine for a Court to determine whether a prosecution should be discontinued or not as this prerogative vests with the NPA. However, the High Court judgement stated that the it was not ruling on a general principle that a Court of Law should determine whether a prosecution should be discontinued or not rather in the circumstances the complaint of an abuse of process should be determined by a Court in an open and transparent manner and not behind closed doors and in secret as was done by Adv Mpshe. We argue that the Court was correct on this aspect as Adv Mpshe did not apply his mind to several factors and therefore his decision was irrational.
President Zuma’s reliance on claims of a political conspiracy is completely irrelevant as Adv Mpshe has already disavowed any reliance on the report when he stated that no firm conclusions could be reached from it, therefore this argument put forward by President Zuma falls away.
President Zuma has therefore, no real prospects of success nor does he bring any new compelling reasons why the appeal should be heard.
The DA believes that this appeal is simply a delaying tactic so that President Zuma avoids having his day in court for as long as possible. This shouldn't be allowed. The DA therefore believes that the NPA should immediately serve President Zuma with an indictment so he may have his day in court as he has always claimed he want.
Statement issued by James Selfe MP, Chairperson of the DA’s Federal Executive, 21 August 2016
