President Jacob Zuma and the National Prosecuting Authority (NPA) appeal against a High Court decision that corruption charges against the president be reinstated has been dismissed with costs by the Supreme Court of Appeal (SCA).
Justice Leach in the Supreme Court of Appeal (SCA) in Bloemfontein today said while handing down the judgement that the decision to drop charges against President Zuma by then NPA boss Mokotedi Mpshe was irrational.
” The motive behind a prosecution is irrelevant. The worst motive can’t render a just prosecution unjust,” said Leach.
During arguments before the SCA Zuma’s lawyer, Kemp J Kemp, had conceded that Mpshe had made a mistake in 2009 when it decided not to prosecute Zuma.
Kemp told the judges he accepted that that decision was irrational and could not stand. He said his client wanted the chance to make fresh representations before the NPA decided to recharge him.
“Termination of prosecution was irrational and finding by High Court in this regard cannot be faulted,” concurred Leach today in his judgement.
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