Zuma and Another v National Director of Public Prosecutions (232/07) [2007] ZASCA 135; 2008 (1) SACR 298 (SCA); 2007 JDR 1141 (SCA); [2008] JOL 21053 (SCA) (8 November 2007)

Zuma and Another v National Director of Public Prosecutions (232/07) [2007] ZASCA 135; 2008 (1) SACR 298 (SCA); 2007 JDR 1141 (SCA); [2008] JOL 21053 (SCA) (8 November 2007)

The Supreme Court of Appeal held that the issuing of a letter of request under s 2(2) of the International Co-operation in Criminal Matters Act does not affect or compromise any rights of the appellants. The section permits assistance to be sought during a criminal investigation, including the gathering of evidence for a possible prosecution, and is not limited to determining whether an offence has been committed. The appellants, although indicted, had not yet been called upon to plead, and thus no trial had commenced; the judge was competent to act under s 2(2). The court found that the appellants lacked standing to challenge the validity of the letter of request, as their rights were...

Citation
[2007] ZASCA 135
Parties
Appellant: Jacob Gedleyihlekisa Zuma; Appellant: THINT Holdings (Southern Africa) (Pty) Ltd; Appellant: THINT (Pty) Ltd; Respondent: National Director of Public Prosecutions
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 November 2007
Case Number
232/07
Procedural Posture
Civil Appeal / Appeal Against the Issuing of a Letter of Request Under S 2(2) of the International Co Operation in Criminal Matters Act
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Farlam, Nugent, Cloete, Ponnan, Mlambo
Legal Topics
International Cooperation in Criminal Matters Act, Standing to Challenge Judicial Act, Fair Trial Rights, Letter of Request, Appealability of Interlocutory Orders
Criminal Law Civil Procedure International Cooperation in Criminal Matters Act Standing to Challenge Judicial Act Fair Trial Rights Letter of Request Appealability of Interlocutory Orders

Case Brief

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Parties

Jacob Gedleyihlekisa Zuma

Appellant

THINT Holdings (Southern Africa) (Pty) Ltd

Appellant

THINT (Pty) Ltd

Appellant

National Director of Public Prosecutions

Respondent

Procedural Posture

Civil Appeal / Appeal Against the Issuing of a Letter of Request Under S 2(2) of the International Co Operation in Criminal Matters Act

Legal Issues

  1. 1 Whether the appellants have standing to challenge the validity of a letter of request issued under s 2(2) of the International Co-operation in Criminal Matters Act.
  2. 2 Whether s 2(2) of the Act permits the issuing of a letter of request for the purpose of securing evidence for a prosecution.
  3. 3 Whether the issuing of the letter of request affected any rights of the appellants.

Ratio Decidendi

The Supreme Court of Appeal held that the issuing of a letter of request under s 2(2) of the International Co-operation in Criminal Matters Act does not affect or compromise any rights of the appellants. The section permits assistance to be sought during a criminal investigation, including the gathering of evidence for a possible prosecution, and is not limited to determining whether an offence has been committed. The appellants, although indicted, had not yet been called upon to plead, and thus no trial had commenced; the judge was competent to act under s 2(2). The court found that the appellants lacked standing to challenge the validity of the letter of request, as their rights were...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.