The NPA has decided to apply for leave to appeal directly to the Constitutional Court against the judgment and order of the Full Bench of the Pretoria High Court in respect of the Spy Tapes matter.

Whilst the NPA initially hinted at approaching the Supreme Court of Appeal, the issue concerning leave to appeal was reconsidered afresh following the 16-page judgment refusing leave to appeal.

This matter raises constitutional issues, particularly separation of powers. A further appeal to the Constitutional Court was inevitable. This matter also raises arguable points of law of general public importance that should be considered by the Constitutional Court. Some of these points affect the functioning and powers of the NPA and the National Director of Public Prosecutions (NDPP).

The application for review was brought in 2009. It is hence deemed prudent that this important matter be resolved without further undue delay.