RE: NPA OPPOSES MBEKI'S APPLICATION TO THE CONSTUTIONAL COURT
The National Prosecuting Authority (NPA) this afternoon lodged with the Registrar of the Constitutional Court a Notice of Opposition to Mr Mbeki's application directed at certain findings in the recent judgment by Nicholson J of the KwaZulu-Natal High Court in the Zuma case.
The NPA opposes Mr Mbeki's application on limited basis, and the basis for opposing the application is set out in the affidavit filed with the Notice.
The following extracts summarises the NPA's position:
"4.1 Mr Mbeki's application is directed at findings of political interference made by the High Court.
4.2. The NDPP is applying for leave to appeal to the Supreme Court of Appeal (SCA) against the entire Nicholson judgment and all the orders of the High Court, except those relating to the application of the Society for the Protection of Our Constitution.
4.3. This means that the very issues that Mr Mbeki seeks to contest in this Court (ie the Constitutional Court), will or may also be before the SCA if the NDPP is given leave to appeal to that court.
4.4. 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 at the behest of someone else. It would ... unfairly expose the NDPP to a risk of prejudice in his case.
4.5. It does not follow that Mr 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 co-operate in the implementation of this Court's directive."
The NPA will file its application for leave to appeal to the SCA next week.
Statement issued by the National Prosecuting Authority September 26 2008
