While the Supreme Court of Appeal’s decision to dismiss the “spy tapes” appeal is disappointing, it means that the NPA can now make a “legitimate” decision on whether or not to prosecute President Zuma, the Presidency says.

“The Supreme Court of Appeal ruled that the then Acting National Director of Public Prosecutions (NDPP) had invoked the incorrect provisions in considering President Jacob Zuma’s representations to the National Prosecuting Authority (NPA). As such, the decision made to discontinue the prosecution against President Zuma is invalid,” it said.

“The effect of the decision is that the only legitimate decision made by the NPA is to prosecute President Zuma. Importantly, it means that the representations have not been considered and the expectation is that the NDPP will now consider these representations under the correct prescripts of the law and make a legitimate decision relating thereto.

“Any person has the right to make such representations and an expectation that a legitimate decision will be made.

“These representations will be amplified in light of developments in the ensuing period, not least of all are the recent revelations around the integrity of the audit report which underpins the prosecution.”

Corruption charges

Earlier on Friday, the SCA dismissed the NPA and Zuma’s appeal against a 2016 decision by the North Gauteng High Court in Pretoria that found the NPA’s decision to drop the corruption charges against Zuma – that related to fraud, racketeering and money laundering – was irrational.

The 18 charges against Zuma were withdrawn in 2009, just before he was sworn in for his first term as president, but the Democratic Alliance wanted the charges to be reinstated.

Both the NPA and Zuma turned to the SCA after the High Court denied them direct access for an appeal.

But in September, Zuma and the NPA made an about-turn and conceded that the decision not to prosecute Zuma was irrational.