Arguments to continue in 'Spy Tapes' case

Three judges will on Wednesday hear more arguments for and against the DA's application for a review of the decision to drop the prosecution of President Jacob Zuma.

The matter relates to the recordings between National Prosecuting Authority boss Bulelani Ngcuka and Scorpions head Leonard McCarthy.

The tapes seemingly show Ngcuka and McCarthy colluded on the timing of Zuma's indictment to influence the outcome of the ANC's 2007 elective conference in Polokwane. 

Yesterday saw a full day of court proceedings, with the NPA closing off the day by arguing that the High Court could not reinstate the charges against Zuma.

The said it could only find that Mpshe's decision, to drop the prosecution in 2009, was unlawful.

Hilton Epstein for the NPA also questioned the legitimacy and agenda at the time of the prosecution's plan to indict the president.

"The question is whether you have a prosecution which is so affected by outside manipulations that the public lose confidence," Epstein said.

However, the DA has maintained that there was no material prejudice if the case proceeded and the delay in indictment would, if nothing, probably have favoured the president.

The DA's Sean Rosenberg told the court that Mpshe felt betrayed by colleague Ngcuka and McCarthy and took the decision to drop the charges in anger and not in law.

He called the decision irrational.

"We submit that what appears from this is that the decision of Mr Mpshe was an impulsive decision. It wasn't, at that stage, a reasoned decision," Rosenberg said.

Proceedings are set to resume again at 10.00am.

Edited by Suné du Toit