Arbitrator appointed in spy tape matter

Johannesburg - Legal teams representing the DA, President Jacob Zuma and the NPA have agreed on an arbitrator to review the full-set of the so-called spy tapes records, Democratic Alliance leader Helen Zille said on Friday.

"An agreement was reached today to appoint retired Supreme Court of Appeal (SCA) Judge Noel Hurt to act as an arbitrator," she said in a statement.

"This appointment will now become an order of the SCA at a date to be determined by the court. Once the SCA has finalised this order, all spy tapes records will be released to the arbitrator."

On August 15, a full bench of the SCA gave Zuma and the DA a chance to resolve their differences with regard to documents in the National Prosecuting Authority's (NPA) possession involving the tapes.

At the time, the two sides agreed in principle to a third party, a senior legal mind, to be asked to judge what information formed part of the confidential representations of Zuma to the NPA.

The legal counsels had until 16:00 on Friday to have an agreement delivered to the SCA.

A SCA court official confirmed on Friday that papers were sent to the court by the deadline.

In April 2009, then acting NPA head Mokotedi Mpshe withdrew fraud and corruption charges against Zuma.

In March last year, the SCA ordered the NPA to lodge a record of the documents on which the NPA based their decision, with the registrar of the high court.

The NPA refused to do so on the basis that it contained confidential representations by Zuma.

The High Court in Pretoria then ordered the NPA to adhere to the original order by the SCA for a reduced record of the documents that the DA was looking for. They included the so-called spy tapes.

Zuma appealed against this decision.

Zille said on Friday that only records determined by the arbitrator to be part of Zuma’s confidential submissions to the NPA, and therefore privileged, would not be released to the DA.

"The decision of the arbitrator will be final and binding on all parties," she said.

"The DA’s legal team will then study the records on receipt to determine whether a high court review of the NPA’s decision is appropriate."

Trevor Whitehead 2014/08/23 09:15:23 AM
DiCanio 2014/08/23 09:17:12 AM
What tapes? stop wasting our time GOGO Zille.
Tim Elliott 2014/08/23 09:19:43 AM
Just how much more controversy & scandals does Zuma need to be embroiled in before he "gets it" & resigns. He is a disgrace to SA
Stuart Shaw 2014/08/23 09:20:26 AM
What can be confidential with these tapes? He either admitted or denied the charges. Alternatively he named / blamed other high ranking ANC Officials and the NPA failed to prosecute their chums!
Made-In SA 2014/08/23 09:25:40 AM
In a recent edition of the investigating newspaper on Fridays,i read an interesting article of exactly what the spytapes were. They were the result of a full blown SAPS Crime Intelligence operation,dating back to 2003,called Operation Destroy Lucifer,targeting around 45 people in the NPA and Scorpions like Leonard McCarthy and Gerrie Nel. Another interesting fact is that a former commander of Crime Intelligence,Mulangi Mphegho,at one point in the endless prosecutoral wars stated under oath that these phone intercepts reveal that the NDPP who decided not to charge Number One,Mokotedi Mpshe, had an affair with a prosecutor in Kimberley and that he alledgedly approved fraudulent travel claims by her in order to pursue the relationship with him.Nice blackmailing material don't you think? Mpshe is still an acting judge in the Land Claims court 4 years after he left the post of NDPP and has never appeared before the Judicial Services Commission,where difficult questions can be asked. In that article it is also clearly stated that Mpegho in 2007 approved an application to conduct phone and electronic intercepts of 6 targets on the basis that they are drug suspects.One of that suspects was Leonard McCarthy. A certain Richard Mdluli also approached a certain Prince Mokotedi,head of the NPA "Integrity" Management Unit in September 2007,to ask for help in his investigation of Gerrie Nel,Mokotedi referred him to a certain Nomgcobo Jiba
September Mphikeleli 2014/08/23 09:31:13 AM
You guys can repeat one story always please do research to much stories out there Cape town police are killing protestors there in Marikana
Khuliso Mutsha 2014/08/23 09:31:45 AM
Welcome back To news24 madam.
Johan Nothnagel 2014/08/23 09:35:38 AM
Hallo there MY President "Hellen Zille" - my dag is gemaak om tannie weer te sien op News24 - nou is ek weer vol smiles !!!!
mantlekilo 2014/08/23 09:47:21 AM
If we'd saved half the time and money spent on investigating ANC irregularities since 1994, we could buy China...for ! This is just another cog in the ANC's 're-distribution of wealth to self machine'. Zuma is being appropriately rewarded for the role and risks he is playing\taking for his echelon. These shenanigans have already set back the aspirations of the povo 100 years. And the world is watching. Humanitarian Aid will be hard to get when the time comes...and it is's part of the enrichment agenda. Who of our free neighbours has his begging bowl out right now ?
Eugene Marais 2014/08/23 10:01:53 AM
This countries no 1 (ashamed to mention this is our SA voters highest choice ) is more slippery than sea weed on wet rocks-his buddy HULLEY will help him out and make the taxpayers pay more in legal consultation..whois REALLY running this sick hope !