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), in the course of investigating alleged corruption arising from the 1999 arms procurement deal, sought to obtain original documents seized in Mauritius in 2001 from premises associated with Thales and its director, Alain Thétard. Copies of the documents had already been provided to South African authorities, but the originals remained with the Mauritian authorities. After criminal charges 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. The High Court issued the letter of request. The Supreme Court of Appeal dismissed an appeal against that decision. The applicants 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 letter of request issued under section 2(2) of the International Co-operation in Criminal Matters Act was upheld as lawful.

This case is a leading authority on the interpretation and scope of section 2(2) of the International Co-operation in Criminal Matters Act. It clarifies that international assistance may be sought during criminal investigations to obtain original documents and authentication, even where copies are already held, and even after earlier charges were struck from the roll. The judgment affirms the state’s duty to investigate and prosecute crime effectively while balancing constitutional rights.