While Mpshe clearly contravened the Corruption Act (rewarded with being made an ACTING judge - evading an appearance before the not-entirely-captured-by-the-ZANC Judicial Service Commission) two essential aspects of the case seem to have been ignored:
- While there were discussions about the TIMING of pressing the charges it was at the political level of the NPA (Leonard McCarthy & Bulelani Ngcuka); the investigation was at the professional level of the NPA.  They have, remarkably given that organ's sorry history, remained "straight" and professional and were not implicated by the tapes.
- Even if the McCarthy - Ngcuka tapes prove male fides (they should NOT have been making political decisions about the timing), the professional prosecutors are untainted by this.   And if THEY were only prosecuting from bad faith and political motivation, all the more reason for the case to be tried in court where the NPA's case would have been tested under cross-examination and the truth revealed.