The DA will continue to seek a high court review on the National
Prosecuting Authority decision's to drop corruption charges against
President Jacob Zuma, party leader Helen Zille said on Tuesday.
Zille said NPA head Mokotedi Mpshe's suggestion that a judicial
review on the dropping of the charges "might embarrass the
president" had strengthened the DA's resolve to continue with the
matter.
"We will continue to seek a high court review of the NPA's
decision to shield the president from having to answer in court to
over 700 counts ? ranging from corruption to racketeering ? that
we believe were unlawfully dropped before the election," Zille said
in a statement.
Mpshe's statements were contained in an affidavit in answer to
the DA's application in the High Court in Pretoria, to review the
decision by the NPA to withdraw charges against Zuma shortly before
the election on 22 April this year.
NPA's 'unlawful' decision
"The NPA's decision, which the DA believes was unlawful and
unconstitutional, gave Zuma a legally unencumbered run to the
presidency," Zille said.
"In his replying affidavit... Advocate Mpshe has argued that the
DA's request for judicial review, should it go ahead, would 'lay
bare' the president's 'highly sensitive' personal record.
"If the review application were to be successful Mpshe would
need to expose the full record of evidence behind his decision to
drop the charges."
Zille said Mpshe's affidavit "actually serves" to strengthen the
DA's case for a review.
"Mpshe's contention, put simply, is that a situation where he
may actually need to explain his decision with evidence is
undesirable for both him and the president.
"For that reason, he argues, it should be avoided. He conflates
the personal details of the president with the evidence which is
relevant to the case; attempting to use the one as a veil for the
other.
"Such logic defies the most basic principles of law. Legal
decisions must be made on the weight of evidence, after having been
tested by a court."
Zille said this principle could not be abandoned for any person,
"especially not for the politically powerful".
"If it were so, then the president would be truly above the
law."