Spy Tapes: Charges automatically reinstated and Abrahams must act accordingly
3 May 2016
Upon seeking a legal opinion and further reading of last week’s North Gauteng High Court ruling; it has become clear that the charges that were erroneously dropped by the NPA in 2009 are automatically reinstated and the National Director of Public Prosecutions (NDPP), Adv Shaun Abrahams, is duty-bound to proceed with the prosecution.
This comes after the DA was successful in its review application to have the decision to drop the charges set aside on the grounds that the decision was borne from undue political considerations and was therefore irrational in the first place.
Specifically, the North Gauteng High Court's full bench found that “the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr McCarthy. Mr Zuma should face the Charges as outlined in the indictment.”
This legal precedent was established most recently in the Mdluli matter when the dropping of those charges was determined to be without legal basis and therefore set aside as irrational. This should apply in this matter too.
This is a golden opportunity for Adv Abrahams to show his independence and proceed with this prosecution as planned, and give Jacob Zuma a court date.
The DA has always maintained that the President may not be guilty but that he have his day in court as is consistent with the Rule of Law and due process. The President himself has stated on numerous occasions that he wants his day in court.
In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped for political purposes: a political solution needed to be found to drop charges against a person who was about to become President, and the Spy Tapes provided the convenient excuse that has now been set aside.
Shaun Abrahams has a job to do and South Africans have an opportunity on 03 August to vote for a DA that stops corruption in all spheres of government and makes sure that all are equal before the law.
Issued by James Selfe, Chairperson of the DA's Federal Executive, 3 May 2016
