On 29 April 2016 the Court delivered a judgment in a review application ("the main judgment") launched by the Democratic Alliance ("the DA"), against the Acting National Director of Public Prosecutions ("ANDPP"), the Director of Special Operations ("the DSO") and Mr Jacob Gedleyihlekisa Zuma ("Mr Zuma"), the current President of the Republic of South Africa.
The DA in that application sought to have reviewed and set aside the decision by Adv Mpshe SC, the then ANDPP, to discontinue the prosecution of the charges against Mr Zuma. The Court in the main judgment ordered that the decision of the first respondent dated 1 April 2009 to discontinue the prosecution of the case against the third respondent, in accordance with the indictment served on him on 28 December 2007, is reviewed and set aside.
The ANDPP and the DSO, the first and second applicants on the one side, and Mr Zuma, the third applicant on the other side, lodged separate applications for leave to appeal the main judgment. The applicants further seek leave to appeal against the findings of facts and/or rulings and/or interpretation of law relating to rationality. The DA, the respondent, is opposing both applications for leave to appeal.
The ANDPP and DSO based their applications on six grounds. Some of the grounds raised in their application and the grounds raised in Mr Zuma's application overlap. Mr Zuma, in addition, contends that there are "some other compelling reasons why the appeal should be heard".
Acting National Director of Public Prosecutions and Others v Democratic Alliance In Re: Democratic Alliance v Acting National Director of Public Prosecutions and Others (19577/09)  ZAGPPHC 4890.38 MB