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The National Prosecuting Authority said it would be appealing a High Court ruling which set aside a decision to drop fraud and corruption charges against President Jacob Zuma.
NPA boss Shaun Abrahams made the announcement Monday at a media briefing in Pretoria.
In a ruling at the end of April, Pretoria High Court judge, Aubrey Ledwaba, found that the 2009 decision to drop fraud and corruption charges against President Zuma was irrational and should be ste aside. He also said the decision should also be reviewed.
The full bench of the High Court had decided that where there was misconduct, as there was in the Spy Tapes cae, that the matter should have been argued in court.
Abrahams said that "in my view if this was now general principle then prosecutors are denuded of much of their powers."
He said Article B of the code of conduct for members of the national prosecuting authority said that prosecutorial discretion to institute or stop criminal proceedings should exercised "independently in accordance with the prosecution policy and policy directives and be from political, public and judicial inteference."
Meanwhile, Abrahams also stated "emphatically" that there were no charges of espionage being investigated against the Finance Minister as it relates to the so-called SARS Rogue Unit.
However, Abrahams said if the Minister were to be implicated he would make the final decision on who will be prosecuted.The NPA boss said if anyone is implicated in a crime prosecutors will take a statement from that individual.
"Many things have been said and aspersions cast on key institutions established to strengthen democracy. I don't want to involve myself with the political issues around this matter nor to allow this institution to be pulled in to such a space," he said.
"I however deem it prudent to make it abundantly clear that neither I nor the institution require the political go ahead to prosecute anyone. I don't need any politician or any person's permission to institute a prosecution against anyone,"Abrahams said.
