Spokesman Mthunzi Mhaga said the NPA decided not to appeal to the Constitutional Court against a Supreme Court of Appeal (SCA) judgment and that it would follow the process set out in the judgment. Mhaga said the decision not to appeal against the SCA judgment followed a consideration of the legal issues.
Last month, the SCA upheld an attempt by the DA for access to the records that led to the suspension of criminal charges against Zuma, ruling that former acting National Director of Public Prosecutions Mokotedi Mpshe should hand over the record to the Registrar of the SCA within 14 days. The SCA held the record should exclude written representations made on behalf of Zuma and any consequent memoranda or reports prepared in response, or oral representations, if their production would breach confidentiality agreements.
According to Allafrica.com, the NPA said that pursuing an appeal in the Constitutional Court would result in piecemeal litigation and unnecessary delays, as the merits of the review would still have to be determined. The SCA judgment dealt with preliminary issues that had no direct impact on Mpshe's decision and did not deal with the merits of the decision, Mhaga said, adding that the judgment only decided on the issue of DA's legal standing to challenge the SCA decision by way of review.
Democratic Alliance spokesman James Selfe welcomed the NPA's decision.
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