Leonie Pretorius
10 June 2016
The National Prosecuting Authority has argued that the ruling which set aside
the decision to stop the prosecution of President Jacob Zuma interferes with a prosecutor’s legally
protected discretion.
This was among the arguments in a leave to
appeal application being heard in the High Court in Pretoria.
The court ruled last month that former acting
prosecutions boss Mokotedi Mpshe’s decision to stop prosecuting Zuma was irrational.
The NPA’s advocate Hilton Epstein argued the
finding that Mpshe should have let the court decide on whether Zuma’s matter
should proceed or not undermines prosecutorial discretion.
He says the ruling sets a precedent that
infringes upon the principles of the separation of powers.
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