He was referring to what was revealed in the so-called"spy tapes", which are recordings of phone conversations between then NDPP Bulelani Ngcuka and former Scorpions boss Leonard McCarthy discussing the timing for prosecuting Zuma in order to boost the chances of Thabo Mbeki winning re-election.
"If you find that it's not unlawful ... to do what we say Leonard McCarthy and Bulelani Ngcuka did [and] is not against the spirit and provisions of our constitution, I must lose this case," said Sikhakhane. "If you find that the NPA, from today and going forward, in pursuit of someone who's accused ... can do what Leonard McCarthy was doing - they can take instructions from the DA and the ANC and everybody in order to time things to suit political players - you are free to take that decision. I must lose this case, if this court does not find that violation extraordinary."
The defence believes that if the court grants Zuma a permanent stay of prosecution, it would prevent the NPA from abusing its power in similar cases in future.
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