The National Prosecuting Authority (NPA) says it will 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.
According to the organization, the decision to march to the highest court was taken after it had earlier considered petitioning the Supreme Court of Appeal for denying Zuma leave.
It insisted that the dismissal of Zuma’s leave has raised constitutional issues, particularly around the separation of powers.
The NPA disclosed: “This matter raises constitutional issues, particularly separation of powers. 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 also expectant that the highest court would clarify the functioning and the powers of the NPA and the National Director of Public Prosecutions.
NPA spokesperson person, Bulelwa Makeke said: “We just want final clarity on the issue of separation of powers, just the constitutional issues around the matter.”
Meanwhile, the Democratic Alliance, which brought the charges against Zuma in 2009, has blamed the NPA for abusing the judicial system and tax payers’ money by taking the matter to the Constitutional Court.
The Pretoria High Court last month refused to grant 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.
Setting aside the application for leave to appeal, the High Court made it clear that there are no questions of law in the case that need to be settled by Supreme Court of Appeal.
Judge Aubrey Ledwaba said the leave to appeal cannot be granted because the court is certain there are no reasonable prospects of success that will come with the appeal.
“We conclude there are no merits,” the judge stated.