Democratic Alliance and Others v Acting National Director of Public Prosecutions and Others (288/11) [2012] ZASCA 15; 2012 (3) SA 486 (SCA); [2012] 2 All SA 345 (SCA); 2012 (6) BCLR 613 (SCA) (20 March 2012)

Democratic Alliance and Others v Acting National Director of Public Prosecutions and Others (288/11) [2012] ZASCA 15; 2012 (3) SA 486 (SCA); [2012] 2 All SA 345 (SCA); 2012 (6) BCLR 613 (SCA) (20 March 2012)

The Supreme Court of Appeal held that the decision by the Acting National Director of Public Prosecutions to discontinue prosecution is subject to judicial review for compliance with constitutional principles, specifically the rule of law and legality. The Court found that the Democratic Alliance, as a registered political party and official opposition, has standing to bring the review application both in its own interest and in the public interest, given its role in upholding constitutional values and representing the electorate. The Court ordered that the record of the decision be produced, excluding confidential representations, to enable proper judicial scrutiny. The applications by...

Citation
[2012] ZASCA 15
Parties
Appellant: Democratic Alliance; Appellant: Richard Michael Moberley Young; Appellant: CCII Systems (Pty) Ltd; Respondent: Acting National Director of Public Prosecutions; Respondent: Head of the Directorate of Special Operations; Respondent: Jacob Gedleyihlekisa Zuma
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 2012
Case Number
288/11
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court (pretoria)
Outcome
Appeal upheld in part and dismissed in part. The Democratic Alliance's appeal succeeded; the appeals of the second and third appellants were dismissed.
Judges
MPATI, NAVSA, BOSIELO, TSHIQI, PLASKET
Legal Topics
Locus Standi, Review of Prosecutorial Decisions, Rule of Law, Production of Record, Public Interest Litigation, Uniform Rule 53
Constitutional Law Civil Procedure Administrative Law Locus Standi Review of Prosecutorial Decisions Rule of Law Production of Record Public Interest Litigation +1 more

Case Brief

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Parties

Democratic Alliance

Appellant

Richard Michael Moberley Young

Appellant

CCII Systems (Pty) Ltd

Appellant

Acting National Director of Public Prosecutions

Respondent

Head of the Directorate of Special Operations

Respondent

Jacob Gedleyihlekisa Zuma

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court (pretoria)

Legal Issues

  1. 1 Is the decision by the National Director of Public Prosecutions to discontinue prosecution subject to judicial review under the Constitution?
  2. 2 Does the Democratic Alliance have standing to bring the review application?
  3. 3 Are the second and third appellants entitled to intervene in the review application?

Ratio Decidendi

The Supreme Court of Appeal held that the decision by the Acting National Director of Public Prosecutions to discontinue prosecution is subject to judicial review for compliance with constitutional principles, specifically the rule of law and legality. The Court found that the Democratic Alliance, as a registered political party and official opposition, has standing to bring the review application both in its own interest and in the public interest, given its role in upholding constitutional values and representing the electorate. The Court ordered that the record of the decision be produced, excluding confidential representations, to enable proper judicial scrutiny. The applications by...

Court Disposition

Appeal upheld in part and dismissed in part. The Democratic Alliance's appeal succeeded; the appeals of the second and third appellants were dismissed.

Orders

  • The appeal by the Democratic Alliance is upheld with costs, including costs of two counsel, payable jointly and severally by the first and third respondents.
  • The appeals by Richard Young and CCII Systems (Pty) Ltd are dismissed with costs, including costs of two counsel, payable jointly and severally to the first and third respondents.