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AFRICAN NATIONAL CONGRESS

SOUTH AFRICA'S NATIONAL LIBERATION MOVEMENT

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Author : Jackson Mthembu

ANC statement on the outcome of the Supreme Court of Appeal`s decision regarding the DA`s application to review the NDPP`s decision to withdraw corruption charges against the ANC President

20 March 2012

The African National Congress (ANC) notes with disappointment the outcome of the Supreme Court of Appeal`s decision regarding the matter of the Democratic Alliance (DA) to appeal the former National Director of Public Prosecution`s (NDPP) decision to withdraw the corruption charges against the ANC President, Cde Jacob Zuma, in 2009.

We have noted that today’s decision by the Supreme Court of Appeal does not reverse the NDPP`s decision itself, but it focus on procedural aspect, such as, whether the DA has the right to call for the review of the case and on the standing of the DA as a legal persona.

This matter, whilst it receives a deeper legal analysis, we however want to highlight the following:

  • The continued attempt by the DA to use the Courts to undermine and paralyse government.
  • The granting of blanket permission to political parties to can review any State decisions, using Courts.
  • How the DA will conduct a review of the case when it can`t have access to all the information which informed the NDPPs decision, to withdraw the charges.

Given these facts, it is clear that democracy can be undermined by simply approaching courts to reverse any decision arrived at by a qualified organ of State.

The ANC is of the view that this matter should not go unchallenged as it might have huge implications for effective governance, including current and future decision of any organ of State.

The ANC will nonetheless study the entire judgment together with our legal representatives with a view of challenging it.

Issued by:
Jackson Mthembu
ANC National Spokesperson

Enquiries:
Keith Khoza 0828239672
Ishmael Mnisi 0823335550


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