Spy Tapes R1.3 million legal bill as result of delaying tactics
As a result of President Jacob Zuma's delaying tactics during the DA's bid for the release of the "Spy Tapes", the South African public has had to cough up nearly R1.3 million in legal fees.
According to a reply to a parliamentary question an amount of R1,262,479.70 has been paid to date by the Presidency in respect of costs incurred in defending litigation brought by the DA for the reduced record of the National Prosecuting Authority's (NPA) 2009 decision to drop charges against Jacob Zuma.
Mr Zuma and his legal team have used every legal technicality to shield him from facing the over 700 charges of fraud and corruption against him. This case to review the NPA's decision was initially brought by the DA shortly after the announcement on 6 April 2009 by the NPA that it had decided to discontinue the prosecution of Mr Zuma.
The timeline for the delays in the case is as follows:
June 2009: DA applied to North Gauteng High Court to have the NPA's decision to drop charges against Jacob Zuma set aside;
2010: DA's application to the North Gauteng High Court dismissed;
2011: DA appealed to the Supreme Court of Appeal (SCA);
March 2012: The SCA orders the NPA to hand over the reduced record of its decision to drop charges against Jacob Zuma in 2009, including the spy tapes, to the DA;
10 April 2012: The NPA failed to comply with the SCA's order;
12 April 2012: The DA received communication from the State Attorney that the reduced record had been furnished to them and that they were in the process of transcribing the tape recordings and were obliged to afford President Zuma's legal team an opportunity to consider whether the transcripts could be disclosed;
9 May 2012: The DA received another letter from the State Attorney requesting a 2 to 3 week delay for President Zuma's legal team to consider the transcript;
June 2012: The DA's legal team received documents which they had in fact had provided to the NPA in the first place with no transcripts of the tapes and no internal memoranda, reports or minutes of meetings dealing with the contents of the tapes;
July 2012: No formal response from the State Attorney apart from an informal excuse laying the blame for the delays at Mr Zuma's lawyer, Michael Hulley;
September 2012: The DA is forced to lodge an application to compel in the North Gauteng High Court in an attempt to force the NPA to abode by the SCA order;
October 2012: President Zuma's legal team filed a notice in the North Gauteng High Court to dispute the meaning of the SCA order;
16 August 2013: The North Gauteng High Court ordered the NPA to abide by the SCA order and hand over the reduced record to the DA within 5 days;
22 August 2013: The DA received notice from President Zuma's legal team that they intend applying for leave to appeal the North Gauteng High Court ruling;
6 September 2013: Zuma's legal team granted leave to appeal the release of the reduced records. The case will now appear before the SCA for a second time.
When the case is before the SCA for the second time, the DA will oppose the appeal because the SCA has in fact already ordered the reduced record to be handed over to us. All that is under appeal now, is what the reduced record consists of.
The DA will continue to fight until because we want to satisfy ourselves and the public that the NPA's decision in 2009 to drop fraud and corruption charges against Jacob Zuma was informed by legal and constitutional factors, rather than political expediency.
We also need to underscore the constitutional principle that no-one is above the law.
Mr Jacob Zuma would do well to stop wasting public funds and let the truth be known.
Statement issued by James Selfe MP, Chairperson of the DA Federal Executive, October 22 2013
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