Jacob Gedleyihlekisa Zuma and Others v National Director of Public Prosecutions

At the instance of the National Director of Public Prosecutions (NDPP), the Deputy Judge President of the Durban High Court issued a letter of request under s 2(2) of the International Co-operation in Criminal Matters Act 75 of 1996 to the Attorney-General of Mauritius. The request sought original documents and authenticating statements held by Mauritian authorities (ICAC), which were potentially relevant to a corruption prosecution against Jacob Zuma and associated Thint companies. The appellants had already been indicted, but the trial had been struck from the roll before plea. Copies of the documents were already in the NDPP’s possession, but the originals were sought to overcome anticipated evidentiary objections. The appellants appealed the issuing of the letter of request, arguing non-compliance with s 2(2) and that they had standing to challenge its validity.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the scope and purpose of s 2(2) of the International Co-operation in Criminal Matters Act, confirming that it may be used to obtain documentary evidence during an investigation even where indictments have been issued but no trial has commenced. It is also significant for limiting the standing of accused persons to challenge letters of request, reinforcing that courts will not entertain abstract or academic challenges where no rights are directly affected.