An appeal by the National Prosecuting Authority (NPA) and President Jacob Zuma against a High Court ruling which set aside the decision to withdraw charges against Zuma has been dismissed by the Supreme Court.
Judgement was handed down on Friday morning in Bloemfontein.
In 2009, the 18 charges against Zuma were dropped but later in 2016, the NPA’s decision was overturned by a full bench of judges.
After the High Court denied Zuma and the NPA direct access for an appeal they turned to the SCA. Last month, both legal teams conceded that the decision taken by Mpshe not to prosecute Zuma was irrational.
Judge Eric Leach said that the President and the NPA were right by conceding the decision to withdraw criminal charges was not supported by the law.
“In light of what appears above, it is difficult to understand why the present regime at the NPA considered the decision to terminate the prosecution could be defended. The appeal has therefore failed”
The NPA and Zuma have been ordered to cover all legal costs of the failed application.