The National Prosecuting Authority (NPA) said on Friday it would approach the Constitutional Court directly to appeal the high court ruling against President Jacob Zuma in the so-called “Spy Tapes” case, which held that he should face corruption charges.
“The NPA has decided to apply for leave to appeal directly to the Constitutional Court against the judgment and order of the full bench of the Pretoria High Court in the respect of the Spy Tapes matter,” the prosecuting authority said.
The high court last month denied Zuma and the NPA leave to appeal its earlier decision that the 2009 withdrawal of 783 charges of corruption, stemming from the 1999 arms deal, was irrational.
The NPA said it initially considered petitioning the Supreme Court of Appeal but decided on a direct approach to the highest court in the land after the June rejection of its application for leave to appeal.
“This matter raises constitutional issues, particularly separation of powers,” it said.
“A further appeal to the Constitutional Court was inevitable. This matter also raises arguable points of law of general public importance that should be considered by the Constitutional Court.”
The NPA added that it believed that the matter should be resolved without “further undue delay”.
The legal challenge to then acting NPA head Mokotedi Mpshe’s decision to drop the charges against Zuma was brought by the Democratic Alliance more than six years ago and has clouded Zuma’s presidency. The DA has said the president and the NPA were doomed to lose and any further attempt to keep him out of the dock was a waste of public money.
The high court found that Mpshe had come under political pressure to withdraw the charges of fraud and racketeering.
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