Appeal at SCA 'could be successful'

President Jacob Zuma's case against the release of the spy tapes would have a prospect of success at the Supreme Court of Appeal if
granted, the High Court in Johannesburg heard on Friday. 

 

"We believe that another court may come to a different decision. There is a reasonable prospect of success," said Kemp J Kemp, for Zuma. Zuma has lodged an application for leave to appeal against the decision of the High Court in Pretoria on August 16 by Judge Rammaka Mathopo. Mathopo is also hearing the application for leave to appeal. Mathopo had ruled that acting National Prosecuting Authority head Nomgcobo Jiba should lodge a copy of the tapes with the registrar of the court within five working days.

 

This was in response to an application by the Democratic Alliance, which has been battling to obtain the tapes after the Supreme Court of Appeal ruled that it had the right of access to them. The court gave the NPA until last Friday to produce the tapes, but Zuma's legal team filed notice that he would seek leave to appeal the court ruling. The tapes, and transcripts and other documents, relate to a 2009 NPA decision to drop corruption charges against Zuma.  Kemp said the confidentiality of the transcripts was a given, and there was nothing else to prove. The DA is opposing the application.

 

Johan de Waal, for the DA, said he was "baffled" by allegations that the release of the tapes would prejudice Zuma when they were used to exonerate him. "Our submission is that none of the orders are appealable and the application should therefore be dismissed with costs."

 -Sapa