https://www.polity.org.za
Deepening Democracy through Access to Information
Home / News / All News RSS ← Back
Financial
Financial
financial
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Embed Video

NPA to appeal Zuma judgment

17th September 2008

By: Sapa

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+


The National Prosecuting Authority will appeal last Friday's court judgment setting aside its corruption charges against African National Congress president Jacob Zuma, it announced on Wednesday.

It was still deciding whether to recharge him, it said in a statement.

Advertisement

The NPA said it had studied the judgment and sought legal advice and consequently had "decided to apply for leave to appeal against the judgment".

Pietermaritzburg High Court judge Chris Nicholson set aside the 16 charges Zuma faced which included racketeering, corruption and fraud in a case in which French arms company Thint also faced corruption charges for allegedly bribing him for protection during an arms deal probe.

Advertisement

The grounds of the appeal would include:
-- The contention that the court was incorrect in its interpretation of the constitution and the NPA Act regarding the obligation to solicit representations before recharging; and
-- That the judgment had made some serious legal findings impacting on the operational processes in the NPA.

"The NPA has yet to make a decision on whether to recharge Mr Zuma. "This decision will be made after the finalisation of the appeal. "The NPA will take the necessary steps to expedite the process," it said.

Zuma's charges emanate from the fraud and corruption conviction of his financial adviser Schabir Shaik, who another court found had facilitated payments between Zuma and Thint. Zuma was fired as deputy president of the country after that judgment.

He has been charged twice. The charges of 2005 were struck off the roll when the State was not ready to proceed with its case. He was charged again in December 2007 shortly after his election as ANC president.

In passing judgment, Nicholson said the core of the case was that Zuma had not been allowed to make representations to the NPA when it made a turnaround on a public statement in 2003 that although it had enough evidence against him the case was not "winnable".

However, much of his judgment focused on Zuma's treatment during the course of the lengthy investigation.

Nicholson considered inappropriately close the working relationship between former Justice Minister Penuell Maduna and former NPA head Bulelani Ngcuka, given the constitutionally guaranteed independence of the prosecuting authority.

He also questioned why Zuma had not been charged with Shaik, given that bribery is a bilateral crime.


EMAIL THIS ARTICLE      SAVE THIS ARTICLE

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now