Spy Tapes: decision to drop charges should be set aside

09 November 2014

The record of decision supplied to us by the National Prosecuting Authority (NPA) including the so-called Spy tapes have revealed that the reasons to drop the 700-odd charges against President Jacob Zuma were indeed irrational and should therefore be set aside.

This comes after the DA, on Thursday, lodged a supplementary affidavit that can be found here that outlines the reasons that the decision to drop the charges against President Zuma was in fact irrational and should therefore be set aside.

The DA and its legal team have considered the contents of the record of decision that was used as motivation by the then acting National Director of Public Prosecutions (NDPP), Mokotedi Mpshe, to drop the 700 charges of corruption against President Zuma.

It is our contention that the record of decision reveals that:

Mpshe did not make his decision based on an assessment that his earlier decision to institute criminal proceedings against the President was flawed;

He did not make his decision based on any new information;

He did not make his decision based on  any substantive content of the indictment containing the charges or on concerns about the prosecuting team.

In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped to serve a political agenda.

The DA has long held, as outlined in my supplementary affidavit, the President may indeed not be guilty of corruption but must, like any other citizen, have his day in court.

Therefore the DA will proceed with its court action to declare the decision to drop the charges against President Zuma be set aside on account that the decision itself was irrational and therefore unlawful.

Statement issued by James Selfe MP, Chairperson of the DA's Federal Executive, November 9 2014

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