The Spy Tapes saga could be back in court again soon. Both President Jacob Zuma and the NPA filed papers with the SCA yesterday to set aside a ruling in 2016 that said Zuma should face charges related to fraud, racketeering and corruption, notes a Daily Maverick report. Since 2009, the DA has been engaged in court battles seeking to overturn NPA boss Mokotedi Mpshe’s decision to drop corruption charges related to the arms deal against Zuma. In April 2016, a full Bench of the Gauteng High Court (Pretoria) ruled that the decision was irrational and said Zuma should face the charges. Both Zuma and the NPA, which filed applications on behalf of National Director of Public Prosecutions (NDPP) Shaun Abrahams and the head of the Directorate of Special Operations, said the High Court ruling featured fundamental flaws, ignoring issues of separation of powers and Mpshe’s valid reasons for dropping the charges – that political interference, particularly by Scorpions boss Leonard McCarthy, meant pursuing charges against Zuma would be unfair, unjust and would weaken the image of the NPA. ‘The (High Court) marked up Mpshe’s feeling of betrayal as a pointer to irrationality. It did not consider why he felt betrayed. He felt betrayed because he had in various affidavits endorsed the image of the immaculate prosecution. In short, he had, albeit unwittingly, contributed to the deception of the courts,’ said Zuma’s lawyers. The President wants leave to appeal to be granted by the SCA and the High Court judgment set aside with costs. The DM report says the NPA said the NDPP should be able to decide when to drop a case that features an abuse of process, rather than take the matter to court and waste time and resources. Mpshe had considered the merits of the case and made a rational decision.
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