Pretoria – South African President Jacob Zuma must face the raft of charges including fraud, corruption and racketeering which were irrationally dropped by then acting National Director of Public Prosecutions Mokotedi Mpshe in 2009, the High Court in Pretoria ruled on Friday.
“It is thus our view that the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr (Scorpions chief Leonard) McCarthy,” Deputy Judge President Aubrey Ledwaba said as he delivered judgement in the application by the Democratic Alliance for review of the Mpshe decision on behalf of a full bench of judges.
“Mr Zuma should face the charges as outlined in the indictment. This court finds that the decision of 1st April 2009 to discontinue the prosecution of the case against Mr Zuma is irrational and should be reviewed and set aside.”
Mpshe threw the case out on the basis that the so-called spy tapes – recordings of tapped phone calls between senior officials in the Thabo Mbeki administration – suggested they manipulated the timing of Zuma’s indictment on fraud, corruption and racketeering charges for political reasons.
Over the years, the DA has maintained that this was not sufficient reason to withdraw the 783 charges that dogged Zuma to the steps of the presidency.
On Friday, Ledwaba said Mpshe made his controversial decisions under pressure.
“During argument, counsel for Mr Zuma stated that his client needed a response from the NPA as he was due to be sworn-in as president of the Republic of South Africa within a few weeks,” said Ledwaba.
“Mpshe was subjected to such pressure that he could not afford the time and space to properly apply his mind on the implications of what he was about to do. He failed to exercise and apply the balancing act of the two imperatives necessary for the consideration of the abuse of process doctrine.”
DA leader Mmusi Maimane said the NPA should immediately reinstate the charges, which stem from alleged wrongdoing relating to the multi-billion dollar arms deal South Africa signed in 1999 to overhaul its military hardware.
“This finding by the court is an overwhelming victory for the Rule of Law, and the NPA must now immediately continue with the 783 charges of corruption so that President Zuma can finally have his day in court.”
The presidency said Zuma would study the judgment and weigh his options.
“As a party to the proceedings, the President has noted the decision of the court and will give consideration to the judgement and its consequences and the remedies available in terms of our law.”
The DA had said on the eve of the ruling that it was certain that should it not go in the president’s favour, he would appeal.
Local and international journalists packed the court on Friday morning for the ruling, delivered by Ledwaba on behalf of a full bench of judges. He was flanked by Judge Cynthia Pretorius and Judge Billy Mothle.
African News Agency
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