THE DECISION OF THE SUPREME COURT OF APPEAL

The decision of the Supreme Court of Appeal today, whilst disappointing, was much anticipated. The Supreme Court of Appeal ruled that the then Acting National Director of Public Prosecutions (NDPP) had invoked the incorrect provisions in considering President Jacob Zuma’s representations to the National Prosecuting Authority (NPA). As such, the decision made to discontinue the prosecution against President Zuma is invalid.

The effect of the decision is that the only legitimate decision made by the NPA is to prosecute President Zuma. Importantly, it means that the representations have not been considered and the expectation is that the NDPP will now consider these representations under the correct prescripts of the law and make a legitimate decision relating thereto.

Any person has the right to make such representations and an expectation that a legitimate decision will be made.

These representations will be amplified in light of developments in the ensuing period, not least of all are the recent revelations around the integrity of the audit report which underpins the prosecution.

Statement issued by Dr Bongani Ngqulunga, The Presidency, 13 October 2017