National Director of Public Prosecutions v Zuma

• Jurisdiction: South Africa
• Judge: Nicholson J
• Judgment Date: 22 October 2008
• Docket Number: 8652/08
• Court: Durban and Coast Local Division
• Hearing Date: 22 October 2008
• Citation: 2008 JDR 1339 (D)

Nicholson J:

This is an application for leave to appeal against the whole of the judgment and orders that I made in this matter on the 12th of September 2008, save those relating to the amicus curiae, The Society for the Protection of the Constitution.

The application mentions 16 grounds of appeal. The test for an application such as this is whether there are reasonable prospects of success on appeal. The main application involved complex questions of fact and law and was of great public importance. The primary question of whether the matter was of a civil or criminal nature was res nova in the sense that it had never been considered before and occasioned me much anxious deliberation. In addition, the legal question as to whether the provisions of section 179(5)(d) of the Constitution and the corresponding provisions in the National Prosecuting Authority Act were applicable to the applicant in the main application was a very complex issue which had never been considered before by the Courts. On those questions I have no difficulty in granting leave on the basis that I believe there are reasonable prospects of success on appeal.

2008 JDR 1339 p2

Nicholson J

Apart from the above matters I was also minded to decide the factual question as to whether the applicant had a legitimate expectation that he could make representations to the National Director. I decided this issue in case I was wrong on the difficult legal questions I have mentioned and because of the public importance of the whole matter. Although this is a borderline issue as to its prospects of...