Jacob Zuma legacy is under question ? I always thought the court below had made an order that was vague: it never specified what would be the status of a confidential part of a submission Zuma had made to Mpshe (which presumably the DA could not access) but which part of the submission turns out to be the factual basis of the Mpshe decision (which presumably the DA SHOULD then access). Well Im excited by the orbiter dicta in yesterdays judgment which expressed a view on this vagueness. Essentially the court hadnt settled this question because it wasnt live, but hinted that a submission ought NEVER to be regarded as prejudicial if it was a rational basis for not prosecuting someone which would open the DA lawyers in future the right to argue that confidentiality cannot trump the duty of prosecutorial transparency. Heres the key part from the judgment today on this fascinating future legal debate (at 27): As can be seen from what is set out above the litigation that led up to the order of this court in the first appeal was conducted on the basis of what appears to be a reluctant acceptance by the DA of the confidential nature of representations to a prosecuting authority in relation to a pending prosecution. Thankfully, this is not an issue that is required to be addressed in this appeal. There will in future, no doubt, be litigation about whether such representations can be considered to be confidential, particularly in an era of prosecutorial accountability. If that question is answered in the affirmative the parameters of confidentiality might have to be explored and may include a consideration that, in all probability, representations that lead to decisions not to persist in a prosecution must of necessity be exculpatory and therefore non-prejudicial. This aspect, however, need detain us no further. I wonder who advise President Jacob Zuma ? Hes loosing all the civil litigation and Appeal as well Constitutional Court. Presidency of Republic South African is in trouble 1. Marikana saga 2. Arms Deal saga 3. Spy Tapes 4. Nkandla etc. The list is long Revd Xolani Tengo Tengo Dialogue and Foundation 4 Business Empowerment and Community Development Network Trust Port Elizabeth
Posted on: Fri, 29 Aug 2014 12:50:07 +0000
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