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Aspects of the Democratic Alliance (DA) case regarding the discontinuation of the prosecution of Jacob Zuma on corruption charges are currently being heard in the North Gauteng High Court.

The DA's case is very simple; last year the National Director or Public Prosecutions (NDPP) inexplicably took a crass decision to discontinue a prosecution against Jacob Zuma. The preparation of this prosecution had taken several years and had been described as one of the best prepared cases in South African criminal history. The DA believes that this decision was irrational and arbitrary and ultimately illegal and is asking the court to review the decision and set it aside.

The NPA is an organ of state which should be neutral in this matter. It should let the court decide whether its decision was correct or not. Instead it is resisting the release of the so-called reduced record - those documents which Mr. Mpshe used to arrive at the decision to discontinue the prosecution - with great vigour. It is advancing every conceivable argument to block a simple and legitimate request. In doing so, its attitude would appear to be bordering on partisanship. This leads us to the inescapable conclusion that the NDPP's decision was indeed arbitrary and irrational and/or it simply has something to hide.

We do not expect the judgment today.