The Centre for Constitutional Rights (CFCR) welcomes the judgment handed down by the Pretoria High Court (the High Court) in Democratic Alliance v Acting NDPP and Others. A full bench of the High Court has reached a judgment that a decision taken in 2009‚ by the then Acting National Director of Public Prosecutions, Mokotedi Mpshe, to drop 783 charges against the President, Mr Zuma, was irrational and should be reviewed and set aside. The charges relate to the Arms Deal, in which his financial adviser, Mr Schabir Shaik, was found guilty of corruption and was sentenced to 15 years’ imprisonment.

The judgment is an affirmation of three key principles.

Firstly - in line with the notion of equality as enshrined in the Constitution - no one, regardless of rank, should be above the law. That the President may very well stand trial for corruption charges is hardly ideal for any nation - but that is the precise value of equality before the law - no one should be above the law.

Issued by Centre for Constitutional Rights