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SCA rejects Zuma's spy tapes appeal
13 October 2017, 01:01 | Sandy Nunez
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Machirunga said that in the event that the judge rejects the appeal, but the NPA chooses not to continue with prosecution, then in his opinion the only remaining remedy would be a private prosecution.
On Friday morning the Supreme Court of Appeal in Bloemfontein dismissed Zuma's and the National Prosecuting Authority's appeal in what became known as the "spy tapes" case.
State prosecutors set aside the charges in April 2009, paving the way for Zuma - who has faced and denied numerous corruption allegations made since then - to run for president later that year.
Handing down judgment on Friday, Justice Leach pointed to a number of ways in which Mpshe's decision was irrational - including the fact that the prosecution team had been excluded from the decision.
Justice Leach said the high court ruling could not be "faulted" and its order that the NPA should reinstate corruption charges against Zuma stands.
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It was also not immediately clear if Zuma would approach the Constitutional Court to try to set aside the Supreme Court's ruling.
Former prosecutions boss Mokotedi Mpshe withdrew criminal charges against Zuma in 2009, after considering representations from the president which included the so-called Spy Tapes.
Zuma wanted the opportunity to make fresh representations before the NPA chose to recharge him.
They revealed that McCarthy had consulted extensively with Ngcuka, a passionate Mbeki supporter, about when to indict Zuma - with a view, said Zuma, to bettering Mbeki's chances of winning the ANC elective conference in Polokwane.
When the parties argued the case three weeks ago, they conceded that Mpshe had relied on an incorrect provision in law to base his decision on.
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