Zuma Corruption Charges: DA files affidavit opposing NPA’s wasteful ConCourt application

1 August 2016

The DA has today filed an affidavit to the Constitutional Court asserting that the National Prosecuting Authority’s (NPA) request for leave to appeal is void of any merit. We therefore reiterate our call to the President and the NPA to abandon this litigation and for President Jacob Zuma to stand trial without delay.

The DA contends that the President Zuma should stand trial for the 783 charges of fraud, corruption, racketeering and money laundering for which he stands accused. It is in the interests of the Rule of Law, due process and the Constitution that the prosecution continue as per the order of the North Gauteng High Court.

The DA in its representations to the Constitutional Court submits that the leave to appeal by the NPA should be dismissed. If the NPA wishes to pursue this litigation they should do so by way of approaching the Supreme Court of Appeal (SCA) that will no doubt not entertain this matter that has been emphatically determined by the North Gauteng High Court’s full bench.

We contend that Direct Access to the Constitutional Court should only be granted in exceptional circumstances. The NPA hardly motivated for these circumstances and merely claimed that  the case “raises constitutional issues, particularly separation of powers and it is most likely that a further appeal to this Court is inevitable.”

Additionally, the NPA fails to deal at all with the full bench’s findings of procedural irrationality in discontinuing the prosecution of President Zuma by the then acting National Director of Public Prosecutions (NDPP), Moketedi Mpshe. 

This sort of frivolous litigation is something that we have seen play out in our courts time and time again. Most notably is the President’s defence of the Nkandla matter which ended in concession on the steps of the Constitutional Court with a massive team of 5 advocates for the President alone. Another such example is the Booysen matter where the State has lost more than five times in trying to get rid of the KZN Hawks boss, Johann Booysen, on baseless claims.

It is easy for the State to pursue litigation using other peoples’ money. It is our contention that the Ministers and Directors-General and the President himself should be held liable and be made to pay personally for these exercises in wasting valuable financial resources.

The DA has fought this battle for almost 8 years and we will continue to fight for President Zuma to have his day in court as he has always claimed he wanted.

Issued by James Selfe, Chairperson of the DA's Federal Executive, 1 August 2016