ANC 'notes' SCA dismissal of Zuma 'spy tapes' appeal

White House Chief of Staff John Kelly speaks during the daily press briefing at the White House in Washington Thursday Oct. 12 2017

President Jacob Zuma and the National Prosecuting Authority (NPA) are appealing a 2016 High Court judgement.

SCA Justice Eric Leach upheld the High Court's view that the decision to withdraw 783 charges of corruption and fraud against Zuma was irrational.

In May previous year, the North Gauteng High Court ordered that Zuma must face all the charges.

But the NPA indicated that it wanted prosecutions boss Shaun Abrahams to have another bite of the cherry and decide afresh if Zuma should be charged.

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Mpshe also wrongly invoked and relied on section 179 (d) of the Constitution when he made the decision, said Justice Leach.

The NPA said it accepted that Mpshe could not rely on section 179 of the Constitution, as he'd earlier declared, as this section did not allow the prosecuting authority to review its own decisions.

The court on Friday didn't immediately release its detailed judgment or indicate its response to a request by the opposition Democratic Alliance for it to order that the case should proceed immediately.

Since then, the DA has challenged the matter in court.

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Advocate Kemp J Kemp, counsel for Zuma, made the same concession.

However, the president's legal team argued that they should be entitled to make fresh representations to the NPA.

Zuma's prosecution was discontinued by Mpshe - based on the "spy tapes".

They revealed that McCarthy had consulted extensively with Ngcuka, a passionate Mbeki supporter, about when to indict Zuma - with a view, said Zuma, to bettering Mbeki's chances of winning the ANC elective conference in Polokwane.

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