The National Prosecuting Authority (NPA) on Monday filed its heads of argument in the Supreme Court of Appeal against a judgment that invalidated charges against Jacob Zuma.
Judge Chris Nicholson granted the state leave to appeal in the Durban High Court last month against his 12 September judgment. In his judgment on appeal, Nicholson said the case was a complex one. Certain sections of the constitution had never before been argued and "occasioned me much anxious deliberation", he said. On 12 September, Nicholson ruled the State's decision to prosecute African National Congress president Zuma was unlawful because the state had failed to take representation from Zuma. It was not known by what date Zuma's defence team should file opposing papers at the court in Bloemfontein. A court official said the President of the Supreme Court of Appeal (SCA), Judge Lex Mpati, was currently considering how the appeal should be handled. The state filed a notice of appeal, informing the Bloemfontein court that it intends appealing against the Nicholson judgment. Mpati, in terms of the rules of the SCA, could decide whether an appeal application should be handled as a priority appeal. In these circumstances a deviation from normal time limits in appeal matters could be followed. NPA spokesperson Tlali Tlali said on Monday the state asked the SCA to look at the possibility to hear the matter "as quickly as possible". He said reason for the request was because the matter was "very significant" in terms of public interest.
Sapa