Supreme Court of Appeal (Bloemfontein)
12 January 2009
press release
Bloemfontein — The text of a news release accompanying judgment in the case of National Director of Public Prosecutions versus Jacob Zuma, delivered by the Supreme Court of Appeal (SCA) on Monday:
The SCA today delivered judgment in the case of National Director of Public Prosecutions v Zuma (573/08) [2009] ZASCA 1 (12 Jan 2008). It upheld an appeal by the NDPP against a judgment by Nicholson J in which he had set aside the indictment of Mr Zuma on 18 main counts of racketeering, corruption, money laundering, tax evasion and fraud. The effect of the judgment on appeal is that the prosecution may proceed.
The case concerned in the main the interpretation of section 179 of the Constitution. The SCA held that the section did not require that the NDPP had to invite Mr Zuma to make representations as to why he should not be prosecuted before indicting him and to provide him with a full explanation why a former decision not to prosecute was not adhered to. The SCA also held that Mr Zuma had no legitimate expectation that he would have received such an invitation and explanation. It noted that Mr Zuma, knowing that he could make representations, chose not to make any.
Aware of the possible political implications of the judgment, the SCA emphasised that the judgment is not about the guilt of Mr Zuma; it is not about the question whether the decision to prosecute was justified; it is not about who should be the president of the ANC; it is not about whether the decision of the ANC to ask Mr Mbeki to resign was warranted; and it is not about who should be the ANC's candidate for the presidency in 2009. More particularly, it is not about whether there was political meddling in the decision-making process.
The judgment, however, deals with the question whether the findings by Nicholson J relating to political meddling were appropriate or could be justified. It came in this regard to the conclusion that his findings were inappropriate and could not be justified on the papers before him. The SCA found that the learned judge had failed to have regard to some basic tenets concerning the judicial function and that he had failed to apply fundamental rules of procedure. This led to the erroneous findings.
The SCA nevertheless dismissed an application by Mr Mbeki and the Government of the RSA to intervene on the ground that they had no interest in the relief but only in the reasons of the court below.
The members of the Court were Harms DP and Farlam, Ponnan, Maya and Cachalia JJA. The judgment will be available on the Court's website or at www.saflii.org.za.
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let jz face the music. anyway if he is innocent the trial will boost his image.the anc should recluse jz from taking part in party affairs till he is proven innocent otherwise by retaining him as their candidate for the April elections they are doing themselves a disservice. no wise person would vote 4 someone who doesn't have a clear future. the decision by anc 2 stick with zuma shows the growing man worshiping cult in south african politics. this will not do the nation any good . the same has happened in zim now bob wont move out of office.
You make no sense! Africans should continue to embrace Zuma. What they should not embrace is any ruling from the aparthied in-justice system, which is still dominated by the criminal invaders. The real criminals in South Africa are the invaders from Europe, who continue to monopolize and control African Lands, Wealth & Resources. And the criminal invaders are playing Africans against Africans, even as they continue to live in the splendor of African loot and Africans live in squalor in THEIR OWN indigenous space! Africa for Africans!
I am deeply upset and disappointed at your reaction. I am black and African to use the so called African term. It is time for Africa and indeed south africa to wake and move beyond these name calling and disgused reverse racism. What is white injustice in a black man ruling south africa in the past eight years and not delivering any concrete change in the quality of life of its peopel? what does white man's injustice have to do with sleeping around and been promiscous? what has white injustice got to do with tribalism and nepotism creeping into ANC as it destroyed other African country? I hope south african's wake and take advantage of this new reality and develop their country carrying everone along as any one born in africa is an African regardless of skin color. Enough is Enough. Enough of this stupid comrade talks when they use cheap marxist and lenninst talk to exploit the people and enrich themselves. How about comrades JZ, Sexwale, Ramaphosa to name a few. These so called comrade in talk only, are all multi-millioniares while their people starve. Please give me a break comrade indeed. The ANC and South Africa are bigger than Jacob Zuma. I believe South Africans I have come to respect will avoid the route Zimbabwe took with Mugabe and remain the beacon of Africa and black people all over the world.
Thanks
It's the old evil European 'divide and dominate' game! These effort of the criminal invaders from Europe is to create instability in the ANC. Unfortunately Zuma was too quick to react at the first ruling. And Mbeki shouldn't have shown regard for the white in-justice system by appealing. Mbeki's appeal should be to HIS FELLOW MEMBERS of ANC.
Africans SHOULD NOT allow the devilish 'divide and rule' in-justice system of the criminal invaders to decide on African fate.
Zuma should forge ahead whatever the eurocentric court decides.
The in-justiuce system in South African needs to be abandoned in favor of an AFRICAN JUSTICE SYSTEM, as in Zimbabwe.
The racist and criminal invaders ARE STILL using the evil eurocentric institutions to continue their domination of Africans in their indigenous space. Away with them!
Africans cannot steal their own African wealth!
The real thieves in South African are the criminal invaders fron Europe. They are the ones who should be hauled into African courts and made to surrender their stolen African loot. The criminal invaders came to Africa WITH NOTHING. And they need to be dispossessed and charged with generations of Crimes Against Africans!
You surprise me with this kind of language which is typical of President Mugabe.
Active Discussions: Prosecutors Win Appeal on Zuma Case