NPA's appeal 'frivolous' use of taxpayer funds
The NPA could not be taken seriously when it said it wanted a speedy resolution to the spy tapes court case, said the DA in court papers filed in the Constitutional Court this week, notes a Business Day report. In a case that has been dragging on for seven years, the NPA’s approach to the highest court was a surprise change of course, after it initially applied for leave to appeal to the SCA.
The report points out the case has been moving at a snail’s pace since 2009, when former acting prosecutions head Mokotedi Mpshe announced his decision to drop corruption charges against President Jacob Zuma. After years of preliminary litigation, the High Court in April found that his decision was irrational in law. It later denied the NPA leave to appeal to the SCA.
The NPA said it had gone straight to t he highest court because it wanted to avoid delay. But the DA said this could ‘hardly be taken seriously’ since the NPA was at least partly responsible for the delay.
In an answering affidavit filed this week, DA attorney Elzanne Jonker said the NPA’s approach to the Constitutional Court presented a ‘further difficulty’, because Zuma had applied to the SCA.
‘There is now a possibility that both the SCA and this court may grant leave, resulting in the same matter being heard by two different courts,’ she said.
Neither had made their applications conditional on the other, which was ‘impermissible’, she said.
The move was bound to fail as there was no case to be made for direct access to the Constitutional Court, according to James Selfe, chair of the DA’s federal executive, notes a report on the IoL site.
Additionally, the NPA’s papers failed to deal with the High Court’s findings of procedural irrationality in abandoning the case against Zuma.
Should the NPA insist on seeking an appeal, it should direct itself to the SCA.
‘If the NPA wishes to pursue this litigation they should do so by way of approaching the SCA that will no doubt not entertain this matter that has been emphatically determined by the North Gauteng High Court’s full Bench.’
He added the NPA’s stab at appealing the High Court judgme nt was frivolous and indicative of how easy it was to pursue court action when the taxpayer was funding it.
‘It is easy for the state to pursue litigation using other peoples’ money.’
The NPA has motivated its direct approach to the Constitutional Court by arguing that the case raised issues of constitutionality.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
