NPA Announces It Will Appeal Court Ruling
The NPA has announced that it will be appealing the ruling of the North Gauteng High Court on a matter between itself and President Jacob Zuma. The court ruled that the NPA’s decision not to proceed prosecuting Zuma in 2009 was irrational.
In the case that was brought to court by the EFF where the court was asked to determine whether the Public Protector’s decisions are binding or not, it was ruled that Madonsela has a final word and not the court. This was simple because the court cannot overlook the Public Protector’s act because it gives her power to make effective decisions.
Just like the Public Protector, the NPA is guided by the NPA act which give it power to apply prosecutorial discretion and not the court. The role of the court is simply to rule on administrative issues by not to temper with NPA’s discretionary power.
In 2009 the NPA decided not to proceed with prosecuting President Zuma because (former Scorpions boss) Leonard McCarthy’s conduct. McCarthy was recorded speaking to Bulelani Ngcuka about how they were to charge Zuma again after a KZN court had stricken all charges off the roll. Tapes revealed that the reason a decision had to be made to charge Zuma was to prevent him from being elected as ANC President.
The head of NPA Shaun Abrahams sent a very strong warning to media for peddling lies and trying to manipulate its processes.