Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
The enormity of what the DA seeks to achieve in this application, particularly the injustice and unfairness to Mr Zuma, should not be overlooked. He has been investigated with all his documents, bank accounts and private conduct being exposed to scrutiny since 2001, a well-considered NPA decision not to prosecute him made in 2003, a decision to prosecute him taken in 2005 which came to naught when the case was struck from the roll when the Prosecution in August 2006 unsuccessfully sought a postponement, a December 2007 decision to prosecute him followed by a March 2009 decision not to continue with such prosecution in respect of essentially the same core charges and the same core evidence. The Applicant now seeks to review the 2009 decision so that another decision must be taken to prosecute Mr Zuma in 2010 and some future date. – Michael Hulley, in his replying affidavit to the DA review application
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