CAPE TOWN, Aug 1 (ANA) – The Democratic Alliance on Monday filed an affidavit with the Constitutional Court arguing that the National Prosecuting Authority’s application for leave to appeal the high court ruling that President Jacob Zuma should face corruption charges had no merit.
“We therefore reiterate our call to the President and the NPA to abandon this litigation and for President Jacob Zuma to stand trial without delay,” the DA said, adding that Zuma must stand trial on 783 charges of fraud, corruption, racketeering and money laundering stemming from the 1999 arms deal.
“It is in the interests of the Rule of Law, due process and the Constitution that the prosecution continue as per the order of the North Gauteng High Court.”
After a court battle stretching over more than seven years, the high court found that the NPA acted irrationally when it withdrew the charges shortly before the 2009 elections, clearing Zuma’s path to the presidency.
Legal experts and the official oppposition said the ruling obliged the NPA to resume the prosecution, and not simply to review the 2009 decision.
Instead, the prosecuting authority turned directly to the highest court to seek leave to appeal the ruling.
James Selfe, the chairman of the DA’s federal executive, said the move was bound to fail as there was no case to be made for direct access to the Constitutional Court. 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 Supreme Court of Appeal.
“If the NPA wishes to pursue this litigation they should do so by way of approaching the Supreme Court of Appeal (SCA) that will no doubt not entertain this matter that has been emphatically determined by the North Gauteng High Court’s full bench.”
He went on to say that the NPA’s stab at appealing the high court judgment 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 DA has fought this battle for almost 8 years and we will continue to fight for President Zuma to have his day in court as he has always claimed he wanted.”
The NPA has motivated its direct approach to the Constitutional Court by arguing that the case raised issues of constitutionality.
– African News Agency (ANA)
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