NPA boss in a corner

Besides the obvious political implications for the ANC and President Jacob Zuma, Friday’s ruling by a full Bench of the Gauteng High Court (Pretoria) that the NPA erred in abandoning 783 charges of corruption against Zuma has implications for both Mokotedi Mpshe, who was acting National Director of Public Prosecutions at the time, and Shaun Abrahams, the latest to go through the revolving door to the top job in NPA, notes Legalbrief. In finding Mpshe failed to act independently in reaching his decision because he ignored the importance of his oath of office when he dropped the charges (see report on judgment below), Deputy Judge President Aubrey Ledwaba, with Judge Cynthia Pretorius and Judge Billy Mothle agreeing, effectively put an end to any hopes Mpshe, who has acted as a judge for some time, may have still harboured of elevation to a judgeship. The judgment also creates a conundrum for Abrahams. He now has three options – he can seek to appeal the ruling, although on what grounds is not clear given the NPA's previous position that it had a sound case against Zuma; he can pursue the charges; or, in the unlikely event he can come up with a rational reason for doing so, he can drop the charges. Former Deputy Director of Public Prosecutions Paul Fick SC is quoted in Rapport as saying Abrahams is in a corner. The NPA can hardly claim there is no prima facie case against Zuma as this was repeatedly stated by Mpshe himself and the lead prosecutor, Billy Downer SC. And the report also notes that the SCA has already pronounced on the alleged political interference issue when a full Bench overturned the judgment of Judge Chris Nicholson in 2009.