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The Commission for Conciliation, Mediation and Arbitration (CCMA) has found that the controversial spy tapes, which led to corruption charges against President Jacob Zuma being dropped, were illegally obtained and could therefore not be relied upon as evidence. The ruling was made as part of a labour dispute between Special Investigating Unit (SIU) head Willie Hofmeyr and his deputy, Faiek Davids.

The Democratic Alliance’s (DA’s) lawyers are currently studying this judgment and its potential bearing on our application for a judicial review of the decision by the Acting National Director of Public Prosecutions (NDPP) to withdraw criminal charges against President Zuma.

In February 2011, the North Gauteng High Court ruled that the DA did not have legal standing to request the information used by the National Prosecuting Authority (NPA) to form a decision to withdraw charges against President Zuma. The DA has appealed this decision, and the case will come before the Supreme Court of Appeal in February next year.

While the CCMA ruling relates only to one particular dispute, it does raise questions about the NPA’s decision not to pursue corruption charges against the President. This ruling, and the renewed interest in the Zuma spy tapes it has sparked, is particularly pertinent given recent reports about the abuse of the state intelligence services to fight factional battles within the ANC in the run-up to next year’s Mangaung conference.

The dropping of the corruption charges against President Zuma cast a shadow over his Presidency even before he had assumed office. The DA will continue to pursue this matter to ensure that the many questions about the withdrawal of these charges are answered.