PRETORIA - The High Court in Pretoria has found that the decision to drop the corruption charges against President Jacob Zuma in 2009 was irrational. This means the decision to charge Zuma with corruption is now being reinstated.
Deputy Judge President Aubrey Ledwaba says the court also found that former acting prosecutions boss Mokotedi Mpshe’s explanation for his decision to drop the charges was "disingenuous".
Seven hundred and thirty eight charges against Zuma, which include fraud and racketeering, were dropped in 2009 by Mpshe after considering representations from Zuma.
Zuma made representations which included the secret recordings of former Scorpions head Leonard McCarthy which revealed he made political considerations when deciding on when to serve the indictment on Zuma.
Ledwaba says the so-called spy tapes did not taint the prosecution of Zuma.
“It is thus our view that the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr McCarthy. Mr Zuma should face the charges as outlined in the indictment,” says Ledwba.
He says Mpshe’s feelings of anger and betrayal by McCarthy’s conduct caused him to act impulsively.
The court has found there was no rational link between McCarthy’s alleged misconduct and the decision to drop the case.
Ledwaba says the respondents also did not attempt to explain how the timing of the serving of the indictment on Zuma disadvantaged him in any way.
DA leader Mmusi Maimane says he is thrilled with his party’s victory.