Pretoria - The National Prosecuting Authority (NPA) has announced that it will appeal the North Gauteng High Court’s ruling that fraud and corruption charges against President Jacob Zuma be reinstated.
“I have decided to apply leave to appeal against the judgement of the full bench of the Pretoria high court… I instructed the state attorney to file the necessary papers this morning,” NPA head Shaun Abrahams told a media briefing in Pretoria.
“My decision has been made after much consideration, consultation with senior members of the NPA and after obtaining legal advice from senior counsel.”
Abrahams said there was considerable public interest at stake and the issues are of great constitutional importance, as such, “It is so important, I believe it needs to be appealed in court.”
The judgment of the full bench of the Pretoria High Court, he said, is also a matter that seriously affects the separation of powers.
Last month, the High Court in Pretoria ordered the NPA to review its April 2009 decision to drop the corruption charges against the President.
The charges, which amount to more than 780, relate to the Arms Deal of the late 1990s.
The court found that the then acting NPA head, Mukotedi Mpshe, had acted irrationally after listening to intercepted cellphone conversations between the former NPA head Bulelani Ngcuka and ex Scorpions head Leonard MacCarthy discussing the charges.
Last month, President Zuma made public the Seriti Commission findings, which had found no evidence of corruption or fraud relating to the Arms Deal.
Abrahams said after reading the decision of the full bench of the Pretoria High Court and after consultation with the senior counsel members of the NPA and after legal advice, he decided that the matter is for the Supreme Court of Appeal (SCA).
He denied suggestions that the option of SCA instead of Constitutional Court was a delaying tactic.
“We did consider the approach of direct access to the Constitutional Court but we felt that this is a matter of such significance and importance that we must show confidence in the Supreme Court of Appeal and that is why we have adopted this route.”
Abrahams, who acknowledged that his decision will illicit criticism from some or other quarters, used the briefing to reiterate that he came to the decision to appeal without any influence from anyone.
“I will carry out my duties and obligations in cases irrespective of who the suspect is or who the accused is without fear, favour or prejudice. I will do so what I believe is proper and correct in fulfilling my institutional obligations and law,” he said, adding that no decision will please all of the people.
“It is not in my job to please anybody or to make popular decisions but only to act in terms of principles and policies in accordance with my constitutional and statutory duties,” he said, adding that he will always do what is correct irrespective of whether the person concerned is an ordinary citizen, minister or sitting president.
Meanwhile, Abrahams also announced that Finance Minister Pravin Gordhan is not being investigated for espionage.
“Let me make this emphatically clear: there are no charges of espionage being investigated against Minister Gordhan. There are no charges of espionage being investigated against anyone involved with what the media has called the ‘rogue’ SARS unit,” he said.
Abrahams said however, that any person who is being investigated in a matter – including Minister Gordhan – would be notified they are a suspect ahead of time.
“Prosecution will only happen thereafter,” he said.
Last week, media reports indicated the Minister was being investigated for espionage and that his arrest is imminent for his part in establishing a surveillance unit in the revenue service during his time in charge. - SAnews.gov.za
