South African prosecutors on Tuesday filed an application to appeal against a ruling that dismissed corruption charges against African National Congress (ANC) leader Jacob Zuma, a spokesperson said.
Earlier this month a judge threw out the charges against Zuma and suggested there had been high-level political interference in the case, spurring the ANC to oust president Thabo Mbeki.
”We’ve filed our papers today in the [Pietermaritzburg] High Court,” National Prosecuting Authority (NPA) spokesperson Tlali Tlali said.
The ANC, dominated by Zuma supporters, says the judge’s indication of high-level political meddling in the case justifies ending the pursuit of Zuma, the frontrunner to become president after a general election expected around April 2009.
The argument has failed to sway prosecutors, who have spent years investigating Zuma, first for his role in an arms scandal and later for his relationship with a financial adviser who was convicted of fraud and other wrongdoing.
Mbeki was replaced as president by Kgalema Motlanthe.
Notice of opposition
Meanwhile, the NPA last week lodged a notice of opposition to Mbeki’s Constitutional Court application directed at certain findings in the recent Pietermaritzburg High Court ruling by Judge Chris Nicholson.
The NPA has opposed Mbeki’s application on a limited basis, owing to the appeal against Nicholson’s judgement, as it feels it may be prejudiced if findings are made before its appeal is heard.
Mbeki’s application is directed at the findings of political interference made by the high court.
”This means that the very issues that Mr Mbeki seeks to contest in this court [the Constitutional Court] will or may also be before the Supreme Court of Appeal [SCA] if the national director of public prosecutions [NDPP] is given leave to appeal to that court,” said the NPA.
”The NDPP respectfully submits that it is inappropriate, while this case is on appeal to the SCA, for some of the issues arising in the appeal to be determined by this court [Constitutional Court]. The NPA adds that it does not follow that Mbeki’s application should necessarily be dismissed if these concerns of the NDPP be addressed in some other way.
”It might be possible, for instance, by postponing Mr Mbeki’s application until after the NDPP’s appeal to the SCA had run its course. Another possibility might be for this court to direct that the entire matter, including the NDPP’s appeal, come directly to this court. If it should do so, the NDPP will cooperate in the implementation of this court’s directive.” — Reuters, I-Net Bridge