The DA has filed its answering affidavit with the SCA in the latest round of the Zuma corruption charges saga, DA federal executive chairman James Selfe said yesterday, according to a report on the IoL site. Zuma is seeking leave to appeal the recent judgment handed down by a full Bench of the Gauteng High Court (Pretoria), which effectively reinstated the 783 fraud, racketeering, and corruption charges controversially withdrawn by former NPA head Mokotedi Mpshe.

‘The DA argues that there are no reasonable prospects of success nor are there any other compelling reasons why the appeal should be heard; the full Bench of the Gauteng High Court (Pretoria) fully ventilated the issues and they, too, came to the determination that an appeal to the SCA would be unsuccessful,’ Selfe said. The DA believes the Zuma appeal is a delaying tactic, aimed at avoiding having to answer to the charges in court.

Zuma argued that it was a breach of the separation of powers doctrine for a court to determine whether a prosecution should be discontinued or not, claiming this prerogative vested with the NPA. However, the High Court judgment stated that it was not ruling on a general principle that a court of law should determine whether a prosecution should be discontinued or not; rather in the circumstances the complaint of an abuse of process should be determined by a court in an open and transparent manner and not behind closed doors and in secret as was done by then NPA head Mpshe when he withdrew the charges.

‘We argue that the court was correct on this aspect as Advocate Mpshe did not apply his mind to several factors and therefore his decision was irrational,’ Selfe said.

Full report on the IoL site