DA application opposed
President Jacob Zuma argues in court papers that he should not
be open to criminal prosecution as this would hamper him in doing
his job.
In joining the National Prosecution Authority (NPA) in opposing an
application by the DA for a review of the decision to drop its
prosecution of him, Zuma submits that his criminal prosecution would
affect relations domestically and internationally.
It would cause South Africa untold embarrassment, particularly
during the World Cup.
Zuma also opposes an application by defence contractor Richard Young
and his company, CCII, to intervene in the main application. He
describes them as "mere busybodies meddling in affairs which do not
concern them".
The DA applied to the Pretoria High Court yesterday for an order
compelling the NPA to explain its "irrational and arbitrary
decision" not to prosecute Zuma.
More than a year after launching an urgent court application to have
the decision set aside, the DA argued yesterday that it first needed
access to the materials on which the decision was based. Its main
application, for a review of the decision, is to be heard later.
Opposing the application yesterday, the NPA said the DA did not have
the legal standing to bring the review application, and the decision
not to prosecute Zuma had not been an administrative one and so was
not reviewable.
Paul Kennedy, SC, for the NPA, said
state resources were needed "for far more important matters" than to
produce documents that might be of academic interest only.
The NPA and Zuma asked the court to deny the DA access to the
decision-making record and dismiss the review application.
They said that even a reduced record that excluded "confidential"
submissions made by Zuma would infringe on his dignity and privacy,
and those of a number of other people.
Sean Rosenberg, SC, for the DA, argued that the decision not to
prosecute Zuma seemed to be "illogical and irrational", especially
where it appeared Zuma had a "damning case" to answer.
He argued that the decision appeared to have been based solely on
the basis of what he described as "the McCarthy shenanigans", which
he said had no relation to the merits of the prosecution.
This was a reference to the phone calls between then-Scorpions head
Leonard McCarthy and former NPA boss Bulelani Ngcuka in which they
were purported to have colluded to charge Zuma afresh after the
ANC's conference in 2007.
"McCarthy's manipulation of the process was confined to a very
narrow issue of timing without any reference to the original
decision to prosecute," Rosenberg said.
"Yet (the case) was withdrawn on the most threadbare of reasons
which bore little or no relevance to Zuma's prosecution... the court
should be placed in possession of the relevant information."
The NPA and Zuma's "obstructive" approach to providing the record
was at odds with accountability. - Sapa
With acknowledgements to Sapa and The Mercury.
What a simple arsehole of an
argument.
It never ceases to amaze me how senior counsel spout forth such
manure on behalf of their clients.
Men made of straw.
Strawmen.