A SOUTH African appeals court yesterday overruled a high court decision to dismiss graft charges against African National Congress leader Jacob Zuma, calling the previous verdict “incomprehensible”.
In a unanimous judgment, the five judges of the Supreme Court of Appeal (SCA) in Bloemfontein ruled 16 corruption and fraud charges against Mr Zuma, relating to a $5 billion (€3.73 billion) government arms deal with the South African subsidiaries of French arms manufacturers Thales must stand.
Last September, high court judge Chris Nicholson dismissed the charges on a technicality and suggested political meddling at the highest level was behind the National Prosecution Authority (NPA)’s decision to recharge Mr Zuma in late 2007.
The ANC leader was recharged 10 days after he was elected party president at the expense of former South African president Thabo Mbeki. The SCA said Judge Nicholson had “taken his eye off the ball” when he suggested Mr Mbeki, forced to stand down as the country’s president following the verdict, was somehow involved in the NPA’s decision to recharge Mr Zuma.
“‘Political meddling’ was not an issue that had to be determined,” said acting deputy judge president Louis Harms. “Nevertheless, a substantial part of his [Judge Nicholson’s] judgment dealt with this question; and in the course of this discussion he changed the rules of the game, took his eyes off the ball and red-carded not only players but also spectators.”
NPA spokesperson Tlali Tlali said the authority was pleased the SCA had endorsed the “correctness” of its approach to the case, and the effect of its decision was that Mr Zuma “remained charged”.
He added there was no indication of a plea bargain at this stage and the parties would have to meet soon to set a court date “to bring the main criminal case on the roll again”. Mr Zuma’s legal representative, attorney Michael Hulley, said they would now consider whether to take the case to the constitutional court, the highest court in South Africa.
They were also planning to make representations relating to the case to the National Director of Public Prosecutions.
“We are giving consideration to the judgment with a view to determining the appropriate legal recourse which may be exercised, which might include an application for leave to appeal to the Constitutional Court.”
The ANC said it respected the SCA decision, but stressed it was “important to note that this judgment has nothing to do with the guilt or otherwise of the ANC president”.