The National Prosecuting Authority (NPA) is misguided in its legal interpretation of the separation of powers, says Constitutional law expert Shadrack Gutto.
The NPA filed an appeal at the Constitutional Court for clarity on constitutional issues in the Spy Tapes saga, including the separation of powers.
This comes after the Pretoria High Court dismissed the NPA's application to appeal the reinstatement of the 'spy tapes' charges.
The High Court ruled that the 2009 decision to withdraw fraud and corruption charges against Zuma was irrational.
However, the NPA wants its function and the powers of the National Director of Public Prosecutions to be clarified.
Gutto says that separation of powers principal does not override the courts responsibility to interpret and apply the law in a just manner.
This is not a violation of the separation of powers principal, it is a [decision] which reinforces it.— Shadrack Gutto, Constitutional law expert
He says the ConCourt will most likely dismiss the appeal, and rule that the NPA's authority has not been encroached upon.
According to Gutto, the decision to take the matter straight to the ConCourt may help accelerate the legal battle which has dragged on for over six years.
Listen to the full conversation from The Midday Report: