Publication: Cape Times Issued: Date: 2005-06-09 Reporter: Alameen Templeton Reporter:

Chances of Zuma Being Convicted 'Almost Nil' - Judge Heath

 

Publication 

Cape Times

Date

2005-06-09

Reporter

Alameen Templeton

Web Link

www.capetimes.co.za

 

Johannesburg : Deputy President Jacob Zuma's chances of being convicted for corruption are "almost nil", according to Judge Willem Heath.

Heath also accused former Director of Public Prosecutions Bulelani Ngcuka of pursuing a political agenda by fingering Zuma without charging him.

The judge had been head of the Special Investigating Unit (SIU) when political pressure was brought to bear on his office after details of arms deal corruption were sent to him, raising speculation that his unit would investigate the deal.

However, he never received permission from the President's Office to look into the deal and lost his SIU job after the legal profession took him to court over his investigations into Road Accident Fund fraud.

That court held that a judge could not head the SIU.

Yesterday, Heath said nothing apart from a political agenda could explain "the phenomenon that Bulelani Ngcuka unleashed with (former justice minister) Penuell Maduna when they convicted Zuma in the media before Shaik was even arraigned.

"I am inextricably drawn to the inference that (Ngcuka), appointed as a politician, had a political motive for brutally attempting to destroy Zuma's reputation and stamping on his constitutional rights to defend himself in court," Heath said.

Judge Squires had not erred in his appraisal of Zuma's relationship with his former financial adviser, Schabir Shaik, but two scenarios had emanated from Ngcuka's "infamous decision," the judge said.

"If Zuma is not prosecuted and he is guilty, the interests of South Africa have not been served. It could be almost impossible to secure a conviction against Zuma through a 'second-take' of Shaik's trial.

"If Zuma is innocent and he is not prosecuted, his reputation will remain unjustly tarnished without the possibility of defending himself, again with Ngcuka having failed in his duties to serve the best interests of South Africa.

"Maybe even more importantly, had Zuma and Shaik been tried together, evidence could have surfaced to refute or rebut evidence that led to Shaik's conviction, and Zuma and Shaik could both have been acquitted...

"What we are seeing is... a blatant attempt to use the arms-deal fiasco as the ideal springboard for political agendas and hidden motives," Heath said.

With acknowledgements to Alameen Templeton and the Cape Times.