Lawyers for African National Congress (ANC) president Jacob Zuma will approach the Constitutional Court for leave to appeal against this week’s Supreme Court of Appeal (SCA) ruling that is expected to revive his corruption prosecution.
”We have taken the decision to bring an application for leave to appeal,” said Zuma’s attorney, Michael Hulley, on Wednesday.
Papers would be filed in due course and the grounds of the application would be made known then, he said.
On Monday, the SCA upheld a National Directorate of Public Prosecutions (NDPP) application to appeal against a ruling in the Pietermaritzburg High Court, which freed the ANC’s presidential candidate from the lengthy prosecution the NDPP had been working on against him.
Zuma had argued in that court last year that in terms of the Constitution and National Prosecuting Act he was entitled to be consulted about the National Prosecuting Authority’s (NPA) intention to recharge him after the NPA first said it would not charge him, and then their first attempt to charge him was struck off the roll.
Zuma was charged for a second time shortly after being elected president of the ruling party at the end of 2007, on accusations related to alleged bribery in connection with the country’s arms deal.
His supporters maintain it was part of a political conspiracy against him.
Day in court
Following Monday’s SCA ruling, opposition parties called for Zuma to have his day in court as soon as possible.
The SCA said in its judgement that Pietermaritzburg High Court Judge Chris Nicholson made several errors in his September 12 2008 ruling.
”The NPA must immediately dismiss speculation that it is willing to drop the charges against Zuma and broker a special deal for him,” said Democratic Alliance leader Helen Zille.
Independent Democrats leader Patricia de Lille agreed: ”The NPA must now proceed with instituting corruption charges against Jacob Zuma so that he may have his day in court as soon as possible.”
The United Democratic Movement urged Zuma to stop ”endless legal delaying tactics”.
The South African Communist Party said it was convinced that the ”persecution” of Zuma was a ”politically inspired affair”, while the Congress of South African Trade Unions (Cosatu) said: ”Cosatu remains convinced that the whole prosecution process has been politically motivated and will continue to demand the dropping of all charges.”
The Congress of the People (Cope) welcomed the SCA’s ruling, saying: ”It is our view that the Judge Nicholson judgement had major political consequences for the country. What was tragic was the opportunistic way the ruling African National Congress leadership abused it to settle its internal political battles.”
It added that the corruption and fraud case against Zuma should proceed to trial without delay so that the ANC president could have his say in court.
”We accept it [the ruling] as a true reflection of an independent judiciary,” Cope’s national youth convenor Anele Mda said. ”This is a victory for the people of South Africa.”
Echoing these sentiments, the Inkatha Freedom Party said the Zuma judgement was ”one of great historic and legal importance”.
”Some important accusations, impressions and confusion have been cleared up — especially concerning the integrity of persons such as former president Thabo Mbeki, Dr Penuell Maduna and Mr Bulelani Ngcuka,” said Koos van der Merwe, IFP chief whip and spokesperson on justice.
”The IFP believes that the law must take its course to afford Mr Zuma his day in court.” — Sapa