The defence is attempting to block the State’s efforts to obtain the originals on the basis that the copies of the documents used to convict Shaik were obtained illegally (the one argument is that a 2001 order of the Mauritius did not authorise release of copies of the seized documents to South African authorities and that, by using the copies which were obtained (using correct diplomatic channels, argued the National Prosecuting Authority), the State is approaching the court with unclean hands and this is, in turn, unconstitutional. The NPA should therefore be denied the opportunity to use this documentation in further proceedings against Zuma. Basically, Zuma’s (and Thint’s) legal teams are fighting to exclude evidence.
(Source: Sunday Times here, here and here)
Update: The Court ruled in favour of the NPA yesterday.
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What do you think?