Zuma v Democratic Alliance and Others

The Democratic Alliance (DA) sought to review the decision of the Acting National Director of Public Prosecutions (ANDPP) to discontinue the prosecution of Jacob Zuma. In earlier proceedings, the Supreme Court of Appeal (SCA) ordered the ANDPP to produce the record of the decision, excluding Zuma’s confidential representations. The NDPP failed to produce key materials, including audio recordings and transcripts (the so-called ‘spy tapes’) and internal memoranda relating to the decision, claiming confidentiality based largely on Zuma’s refusal to consent to disclosure. The DA approached the North Gauteng High Court to compel compliance with the SCA order. The High Court ordered disclosure subject to safeguards. Zuma appealed that order to the SCA.

The appeal was dismissed with costs, including the costs of two counsel. The High Court order was amended to provide a detailed mechanism for the production of the recordings, transcripts, and internal NDPP documents, with an independent judge appointed to determine and redact any portions revealing confidential representations.

The case reinforces the constitutional principle that courts must have access to the full record to exercise their review function effectively. It affirms that prosecutorial decisions are subject to judicial scrutiny and that claims of confidentiality must be specific and justified. The judgment underscores accountability of the National Prosecuting Authority and condemns obstructionist conduct in litigation involving public power.