SCA judgment expected today in Zuma spy tapes appeal

File The Supreme Court of Appeal in Bloemfontein will on Friday hand down judgment in the spy tape saga

Earlier on Friday morning SCA Justice Eric Leach upheld the High Court's decision to withdraw 783 charges of corruption and fraud against Zuma was irrational, saying that the decision to terminate the decision not to prosecute cannot be faulted.

The supreme court of appeal opened the way for the reinstatement of bribery and corruption charges against President Jacob Zuma by upholding a lower court's ruling that a decision by prosecutors to drop them was "irrational".

Shortly before the 2009 polls, after Zuma had won the contest for the leadership of the ruling African National Congress, Mpshe withdrew 783 charges linked to the multibillion rand 1999 arms deal.

The long-standing matter was brought by the DA.

Legal representatives for the NPA and Zuma tried to persuade the court to allow the appeal.

The SCA was now ready to give its verdict after Zuma and the NPA conceded that former NPA boss Mokotedi Mpshe's decision not to prosecute him for corruption charges was irrational. The decision now lies with the NPA.

Advocate Kemp J Kemp, SC, for Zuma, told the full bench of justices that he believed that the NPA had erred in their decision.

In his decision to reject their appeal, Judge Lorimer Leach said it was "irrational" for the NPA to have set the charges aside.

At the hearing, Kemp said "what then must happen is that the representations would have to be considered by the NPA, because they have never been".

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