Publication: Cape Times Issued: Date: 2003-08-25 Reporter: Christelle Terreblanche

Zuma Fury at Ngcuka 'Judgement'

 

Publication 

Cape Times

Date 2003-08-25

Reporter

Christelle Terreblanche

Web Link

www.capetimes.co.za

 

Deputy President Jacob Zuma has accused the National Director of Public Prosecutions (NDPP), Bulelani Ngcuka, of handing out the "equivalent" of "a judgment" against him and leaving "a cloud" over him.

Ngcuka announced on Saturday that although there was evidence of corruption and the investigating team had recommended Zuma be prosecuted, he would not be.

Zuma also lashed out at Justice Minister Penuell Maduna's statement on Saturday that it was a "sad moment" that the investigators had concluded that the deputy president had a case to answer.

"What is this case? Where should I answer it?" Zuma said yesterday. "I intend to take this matter further. I shall consult my lawyers."

Zuma said "the purpose of the latest public announcement is to leave a cloud hanging over my integrity ... after a long trial by media".

"The hallowed principle of presumption of innocence until proven guilty has been completely ignored ... No matter what the NDPP says, there can be only one reason I am not being charged: there is no case against me. I know this and so does the NDPP."

In Pretoria on Saturday, Ngcuka said: "We have concluded that, while there is a prima facie case of corruption against the deputy president, our prospects of success are not strong enough. That means we are not sure if we have a winnable case. Accordingly, we have decided not to prosecute."

This decision could be reviewed if fresh evidence was found, Ngcuka said.

Zuma's financial adviser, businessman Schabir Shaik, however, would be charged with corruption, fraud, theft of company assets, tax evasion and reckless trading.

French arms company Thomson-CSF, now known as Thales, and Shaik's Nkobi Group also faced prosecution.

Shaik is to appear in the Durban Magistrate's Court today.

Ngcuka's statement "contains serious innuendos", Zuma said.

"I have always questioned the methods and length of time the investigation has taken. I called upon the investigators to take me to court should they believe they have a case ... and to conclude the investigation.

"I now question the manner in which the investigation has been 'concluded'. I however welcome the fact that the investigation has been completed."

The opposition called on Zuma to resign because of the lingering suspicions, while ANC national spokesman Smuts Ngonyama emphasised that the party did not intend to investigate Zuma.

"There was a clear position taken by the director of public prosecutions (Ngcuka) not to prosecute because there is not enough evidence. The process of justice must continue."

Parliament is waiting to receive evidence from Ngcuka before deciding whether to examine if Zuma, as an MP and leader of the house, has declared all gifts and donations.

Speaker Frene Ginwala said the joint ethics committee would decide if "there is a basis for us to look into the issue".

The Scorpions' two-year investigation of Zuma was aimed at establishing if there was evidence of corruption involving companies that won arms contracts, financial benefits from Shaik, and the undue use of public office to advance the business interests of Shaik and/or his Nkobi Group.

The investigation was prompted by a memo, sent by Alain Thetard, then-southern African chairman of arms company Thomson-CSF, to his superiors overseas. The fax referred to “JZ” and “SS”, “protection of Thomson-CSF during … investigations”, and annual payments of R500 000.

Shaik was a director and shareholder of African Defence Systems, in which Thomson-CSF had an interest.

Zuma said he had not written or received the correspondence at the heart of the probe. Despite requests and invoking the Access to Information Act, he had not seen the fax.

“I am forced to continue to question the real motives of the investigation and the manner of its conclusion by the NDPP.”

Ngcuka said he and Maduna had told Zuma about the investigation shortly after it began. They had tried to keep his identity secret, but Shaik had “deliberately disclosed” Zuma’s name during his second court application to stave off questioning.

Patricia de Lille, leader of the Independent Democrats, said she was considering “legally challenging the government and the … authorities” over the handling of the probe of the Thomson-CSF memo.

Democratic Alliance chief whip and ethics committee member Douglas Gibson said “the matter is of overriding public importance and I will approach the Speaker for a debate”.

“(The deputy president) is fatally wounded and should stand down,” he said. “He surely has no prospect of succeeding to the presidency and the ANC will no doubt drop him at the next election.”

African Christian Democratic Party leader Kenneth Meshoe said: “We hope the referral to parliament of gifts and donations received by Zuma will be dealt with swiftly and that the truth … comes to light.”

United Democratic Movement leader Bantu Holomisa said the decision not to prosecute “smacks of political pressure from the ANC, President Thabo Mbeki and his cabinet”.

Pan-Africanist Congress leader Motsoko Pheko said the Scorpions, Maduna and Ngcuka had not given Zuma a fair opportunity to clear his name.

With acknowledgements to Christelle Terreblanche and the Cape Times.