At the commencement of the arbitration concerning the applicant’s dismissal for alleged incapacity, he raised an objection to the respondent leading evidence about the contents of a certain tape recording, which he alleged had been unlawfully obtained. The tape purportedly recorded telephone conversations between the then Director: Special Operations in the National Prosecuting Authority, Mr McCarthy, and various persons, including the applicant, which implicated the NPA in a conspiracy to manipulate criminal charges against Mr Jacob Zuma, then president of the ANC.

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