Thint Holdings (Southern Africa) (Pty) Ltd and Another v National Director of Public Prosecutions; Zuma v National Director of Public Prosecutions

The National Director of Public Prosecutions (NDPP), during an investigation into alleged corruption arising from the 1999 Arms Deal, sought original documents located in Mauritius that had been seized in 2001 from premises linked to Thales and its director, Alain Thétard. Copies of the documents were already in the NDPP’s possession, but originals were retained by Mauritian authorities. After criminal proceedings against Jacob Zuma and the Thint companies were struck from the roll in 2006, the NDPP applied under section 2(2) of the International Co-operation in Criminal Matters Act 75 of 1996 for a letter of request to obtain the originals and authentication affidavits. Levinsohn DJP issued the letter of request. The Supreme Court of Appeal dismissed an appeal against that decision. Zuma and the Thint companies sought leave to appeal to the Constitutional Court, challenging the lawfulness of the letter of request and alleging infringements of constitutional rights.

Leave to appeal was granted, but the appeal was dismissed. The decision of the Supreme Court of Appeal and the issuance of the letter of request under section 2(2) were upheld.

This case is a leading authority on section 2(2) of the International Co-operation in Criminal Matters Act. It clarifies the scope of investigative powers to obtain international assistance, confirms that ‘investigation’ includes evidence-gathering for prosecution, and affirms that section 2(2) may be used even after earlier charges have been struck from the roll. The judgment also underscores the balance between effective prosecution and constitutional rights.