/ 8 November 2007

Zuma to approach Constitutional Court

African National Congress (ANC) deputy president Jacob Zuma will approach the Constitutional Court for leave to appeal two of Thursday’s Supreme Court of Appeal (SCA) judgements, said his lawyer.

They would also ”observe with keen interest” whether the rulings emboldened the National Prosecuting Authority to again indict Zuma on any charges, said Michael Hulley in a statement.

Both the rulings handed down on Thursday had strong constitutional law imperatives which impacted fundamentally on Zuma’s rights and in turn, on the rights of all South Africans.

”In particular, in relation to the warrants of appeal, we note the dissenting judgement relating to the constitutionality of the search-and-seizure which underscores, with respect, the credence of our approach,” said Hulley.

”An application will be made for leave to appeal against the judgements to the Constitutional Court.”

He added that the investigation of Zuma, which had been going on for more than seven years, was guided by ”improper political motives”.

”The timing and nature of the charges, should these eventuate, will be reflective as to whether such motives still exist.”

The judgements may give the state room to investigate reinstating charges against Zuma relating to corruption in the multibillion-rand arms deal.

The SCA dismissed an appeal by Zuma and French arms company Thint to stop the state from getting documents being held in Mauritius.

In another ruling, the SCA upheld an appeal by the National Director of Public Prosecutions against a high court order setting aside five search warrants against Zuma and Durban-based Hulley.

De Lille: Charge him

Zuma must be charged with corruption, Independent Democrats leader Patricia de Lille said on Thursday.

”The courts will not be influenced by any political party conference or succession battle and … must proceed with urgency to charge Zuma,” De Lille said in a statement.

”Otherwise, this dark cloud will hang over his head even if he is successful in becoming the next president of South Africa.”

ANC respects ruling

The Supreme Court’s decision was noted and respected by the ANC, it said on Thursday.

”We respect the court’s decision. As we have consistently maintained, the law must be allowed to take its course,” the ANC said in a statement.

The court held in a majority judgement that the warrants under consideration expressed ”intelligibly and with certainty” their authority and that the law under which they were issued required no more.

The minority judgement agreed with the Durban High Court that the warrants were invalid because they did not intelligibly convey the ambit of the search. – Sapa