DA lodges court application against the NPA for contempt of court
The National Prosecuting Authority has disregarded an order of the Supreme Court of Appeal (SCA), by failing to provide the Democratic Alliance with the record of decision relating to the dropping of corruption charges against President Jacob Zuma.
This record is essential in the DA's case which seeks to establish whether the decision to withdraw charges against Jacob Zuma in 2009 was rational and legally motivated, or not.
In a judgment handed down on 20 March 2012, the SCA ordered the National Director of Public Prosecution (NDPP) to produce a record of all of the documents, recordings, materials and evidence that led to the withdrawal of criminal charges against President Zuma. The NDPP was given a deadline of 14 days from the date of the judgment.
As of today, 18 July - some four months since the judgment was handed down - the order has not been complied with. Consequently, the NPA is in contempt of the Supreme Court of Appeals.
As far as we can tell it is unprecedented for the NPA to be in contempt of court. It is untenable that an institution of state, constitutionally mandated to uphold the law without fear or favour, has blatantly defied an order of the Supreme Court of Appeal. This is unacceptable, unconstitutional and illegal.