Zuma v Democratic Alliance and Others (836/2013) [2014] ZASCA 101; [2014] 4 All SA 35 (SCA) (28 August 2014)

Zuma v Democratic Alliance and Others (836/2013) [2014] ZASCA 101; [2014] 4 All SA 35 (SCA) (28 August 2014)

The Supreme Court of Appeal held that the High Court correctly interpreted and enforced its previous order regarding the production of the record of decision to discontinue prosecution against Mr Zuma. The audio recordings and transcripts referenced in the NDPP's announcement were not confidential, as they had been publicly quoted and verified by the National Intelligence Agency, and their existence predated Mr Zuma's representations. No specific claim of confidentiality was made by Mr Zuma regarding any particular document, and the NDPP's office failed to assert or justify any such claim. The court found that the order did not envisage a blanket prohibition of disclosure, but only...

Citation
[2014] ZASCA 101
Parties
Appellant: Jacob Gedleyihlekisa Zuma; Respondent: Democratic Alliance; Respondent: Head of the Directorate of Special Operations; Respondent: Acting National Director of Public Prosecutions
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 August 2014
Case Number
836/2013
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel. The High Court's order is amended to provide for an independent arbiter to determine confidentiality claims regarding internal documentation.
Judges
Mpati, Navsa, Brand, Ponnan, Tshiqi
Legal Topics
Review of Prosecutorial Decision, Confidentiality of Representations, Rule 53 Record Production, Public Interest Standing, Rationality Review, Costs Orders
Administrative Law Constitutional Law Civil Procedure Review of Prosecutorial Decision Confidentiality of Representations Rule 53 Record Production Public Interest Standing Rationality Review +1 more

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Parties

Jacob Gedleyihlekisa Zuma

Appellant

Democratic Alliance

Respondent

Head of the Directorate of Special Operations

Respondent

Acting National Director of Public Prosecutions

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the order of the Supreme Court of Appeal in Democratic Alliance v Acting National Director of Public Prosecutions (2012) 3 SA 486 (SCA) was correctly interpreted and enforced by the High Court.
  2. 2 Whether audio recordings and transcripts relating to the decision to discontinue prosecution against Mr Zuma are subject to confidentiality and should be disclosed.
  3. 3 Whether internal memoranda, reports, and minutes of meetings within the NDPP's office are protected by confidentiality or must be produced.

Ratio Decidendi

The Supreme Court of Appeal held that the High Court correctly interpreted and enforced its previous order regarding the production of the record of decision to discontinue prosecution against Mr Zuma. The audio recordings and transcripts referenced in the NDPP's announcement were not confidential, as they had been publicly quoted and verified by the National Intelligence Agency, and their existence predated Mr Zuma's representations. No specific claim of confidentiality was made by Mr Zuma regarding any particular document, and the NDPP's office failed to assert or justify any such claim. The court found that the order did not envisage a blanket prohibition of disclosure, but only...

Court Disposition

Appeal dismissed with costs, including costs of two counsel. The High Court's order is amended to provide for an independent arbiter to determine confidentiality claims regarding internal documentation.

Orders

  • The appeal is dismissed with costs, including the costs attendant upon the employment of two counsel.
  • The order of the High Court is amended to require the First Respondent to comply with the Supreme Court of Appeal order in case no. 288/11 dated 20 March 2012 within five days.