The Presidency said that Friday’s decision of the Supreme Court of Appeal, whilst disappointing, was much anticipated.
The Supreme Court of Appeal dismissed the applications for leave to appeal by President Jacob Zuma and the National Prosecuting Authority against a ruling in the Pretoria High Court which found that the decision to withdraw more than 700 fraud and corruption charges against President Zuma, was irrational.
That decision was taken by then NPA boss, Mokotedi Mpshe.
In handing down judgment, Appeals Court judge Eric Leach, also ordered President Zuma and the NPA to pay the costs.
In a statement on Friday, the Presidency said that the “Supreme Court of Appeal ruled that the then Acting National Director of Public Prosecutions (NDPP) had invoked the incorrect provisions in considering President Jacob Zuma’s representations to the National Prosecuting Authority (NPA).”
“As such, the decision made to discontinue the prosecution against President Zuma is invalid,” said Presidential spokesperson, Dr Bongani Ngqulunga.
“The effect of the decision is that the only legitimate decision made by the NPA is to prosecute President Zuma,” he said.
“Importantly, it means that the representations have not been considered and the expectation is that the NDPP will now consider these representations under the correct prescripts of the law and make a legitimate decision relating thereto.”
“Any person has the right to make such representations and an expectation that a legitimate decision will be made,” said Ngqulunga.
“These representations will be amplified in light of developments in the ensuing period, not least of all are the recent revelations around the integrity of the audit report which underpins the prosecution,” he concluded.
