Publication: Mail and Guardian Issued: Date: 2003-11-06 Reporter: Sapa

Zuma Takes Aim

 

Publication 

Mail and Guardian

Date 2003-11-06

Reporter

Sapa

Web Link

www.mg.co.za

 

South Africa's deputy president Jacob Zuma has lodged a complaint with the Public Protector focusing on the matter in which the National Directorate of Public Prosecutions has conducted an investigation against him over the last three years.

The Scorpions - the crack investigation unit - probed alleged corruption involving the deputy president and the arms deal but National Director of Public Prosecutions (NDPP) Bulelani Ngcuka said although there was prima facie evidence of corruption, he would not be charged.

The team had investigated allegations that Zuma had received a R500 000 bribe from Thales, a French company connected with South Africa's multi-million rand arms deal.

In a statement released by his spokesperson Lakela Kaunda on Thursday, the deputy president said: "My complaint has focused on the abuse of power, particularly related to the manner in which the investigation was conducted and the conclusion and the manner in which this was communicated, as well as the reported continuation of the investigation.

"I have said in my submission to the Public Protector (Lawrence Mushwana) that I contend that there was no basis for the continuation of the investigation, given the fact that the NDPP became aware very early on in the investigation that there was no basis for the allegations, which they claimed initiated the investigation against me, the alleged attempted solicitation of a bribe by myself from the French company, Thales, as part of corruption in the arms deal.

"As early as 2001, the French company representative concerned informed the NDPP during questioning that no such attempt had been made to him, by me or anybody else within the South African government.

"This was further confirmed later in correspondence sent to the NDPP by the chairman of Thales, who according to the allegations, was supposed to be one of the recipients of this 'encrypted fax'.

"Furthermore, the NDPP was aware of the impossibility of my involvement in the arms procurement process, as the directorate had participated in the investigation and the drafting of the joint report investigation into the arms deal, with the office of auditor general and the office of the public protector.

"Contrary to the NDPP's assertion in the highly publicised charge sheet of Shabir Shaik -- the deputy presidents financial adviser -- that I 'influenced the decision making process', they were fully aware that as an MEC in the KwaZulu Natal Provincial Government at the time crucial decisions were taken by the national Cabinet, I could not have influenced this process.

"My participation was limited only to the approval of recommendations after I had joined the national cabinet in June 1999, at the tail end of the process.

"I have never questioned the right of the NDPP to investigate me should he believe there was reason to do so, but I strongly believe that they had no basis to continue with the investigation despite the information they received from the French.

"I assert that the NDPP conducted the investigation in bad faith, motivated not by the need to earnestly search for the truth but to cast aspersions on my integrity. An example of this is the manner in which detailed confidential information about the investigation was made readily available to certain sections of the media."

Zuma noted that in terms of the National Prosecuting Authority Act, no person shall "without the permission of the National Director or a person authorised in writing by the national director disclose to any other person" any information which came to his knowledge terms of the act or any other law.

Instead, he argued, members of the media had been given access to confidential information starting in November 2002.

"The information given to the media could therefore only have been released by the national director himself or on his express authority.

"I know that one of the leaks, that of 35 questions sent to me by the NDPP, is now a matter of contention. It is preposterous that I could have sought to contribute to fueling the trial by media against me by leaking these questions."

With acknowledgements to Sapa and the Mail & Guardian.