Pretoria - While President Jacob Zuma is facing a vote of non confidence initiated by the Democratic Alliance on Monday afternoon, arguments started in the high court in Pretoria in which the DA is asking that the 783 fraud and corruption charges be reinstated against him.
The DA is asking a full bench of judges – comprising of Deputy Judge President Aubrey Ledwaba, Cynthia Pretorius and Billy Mothle - to review and set aside the decision of the then acting boss of the National Prosecution Authority (NPA), Mokotedi Mpshe, to drop charges against Zuma.
The opposition party’s legal team, led by Sean Rosenberg SC, said the decision by Mpshe to drop the charges was irrational.
Read: Double day of drama for Zuma
He said the decision to prosecute Zuma developed over a period of time and the case against him became stronger as time went by. More evidence emerged, especially after the successful prosecution of Shabir Shaik, who was eventually sentenced to 15 years.
Rosenberg said it was only a question of time when the indictment on Zuma would be served.
He said the so-called spy tapes – conversations between Leonard McCarthy, the NPA’s Directorate for Special Operations, Bulelani Ngcuka and others did not play a significant role regarding the fairness of a prosecution against Zuma or not.
Rosenberg said the prosecution from the start believed it had a strong case against Zuma and that the dropping of charges was because of political interference.
Judge Ledwaba remarked that there appears to be a dispute as to the interpretation of the spy tapes. He said it was up to the court to interpret the meaning of the tapes.
The judge also at a stage reprimanded Rosenberg for referring to “Mr Zuma” and said he should address him as “the president.”
Rosenberg meanwhile said Zuma, like any other person – should face criminal charges when compelling evidence of wrongdoing exists. It was said that he should be given his day in court, even if he is “anxious to avoid this.”
Also read: ANC’s confidence in Zuma ‘unshaken’
Rosenberg pointed out remarks made by a Supreme Court of Appeal Judge during Shaik’s appeal, in which he said “the seriousness of corruption cannot be over emphasized” and “corruption lowers the morale of a nation.”
The DA said it is challenging Mpshe’s decision to discontinue the prosecution of Zuma as “irrational and unlawful.”
The corruption charges were dropped shortly the ANC ‘s Polokwane conference and before Zuma was sworn in as president. This was also shortly after the so-called spy tapes emerged. Mpshe concluded there was a political conspiracy against Zuma.
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