Publication: The Star
Issued:
Date: 2005-10-07
Reporter: Nalisha Kalideen
Reporter:
Reporter:
|
Scorpion's Probe into Zuma 'Fatally Defective' |
| Publication |
The Star
|
| Date |
2005-10-07 |
|
Reporter
|
Nalisha Kalideen |
|
Web Link
|
www.thestar.co.za
|
The Scorpions' investigation into Jacob Zuma is "null and
void".
This was because senior investigator Johan du Plooy did not have the authority *1 to apply for search warrants
against the former deputy president.
This emerged in papers before the
Durban High Court, where Zuma and his attorney, Michael Hulley, have applied to
overturn the nationwide search and seizures on Zuma's homes and offices and
Hulley's offices.
Du Plooy obtained warrants for the operations from
Transvaal Judge President Bernard Ngoepe's chambers. The raids were conducted on
August 18.
In his affidavit, Du Plooy stated that in 2000 the
Investigating Directorate of Serious Economic Offences began a preparatory
investigation into allegations of corruption and/or fraud against
Zuma.
Du Plooy explained that the Director of Serious
Economic Offences *2 had appointed him to conduct the investigation on
its behalf.
But yesterday Zuma claimed this appointment contradicted
section 28 of the National Prosecuting Act, which stated that, as an appointed
special investigator, Du Plooy could conduct an investigation only on behalf of
the Scorpions.
Zuma argued that this meant Du Plooy's founding affidavit
to the warrants and the investigation were null and void.
"If I am
correct in this submission, the application for the search warrants is fatally defective *1," Zuma stated.
He had been
advised that "the legal and factual issues concerning Du Plooy's alleged designation *1 under section 28 of the act are
not a mere technicality *1".
He also stated
that the investigating directors from the Scorpions and from Serious Economic
Offences had exceeded their powers, which was "a requirement of constitutional substance *1".
He asked the court to
set aside the search warrants to his home in Forest Town, Joburg, and his
attorney's offices. When the National Director of Public Prosecutions decided to
prosecute Zuma, he "must have been satisfied that he had sufficient evidence to
sustain a successful prosecution in respect of the corruption
charges".
Zuma also pointed out that, on the basis of Du Plooy's
affidavit, the charges against him were "mirror images *4
of the charges against (Schabir) Shaik and Shaik's companies".
He
said Du Plooy's affidavit had stated the Scorpions were investigating new
charges against Zuma. In light of this, there was no need for a further
search-and-seizure operation as there had been an investigation against Zuma
from 2001 and, according to Du Plooy, "throughout the Shaik trial".
Zuma
also said the search warrants had prejudiced his chances of
getting a fair trial *1.
"All the documentation sent to my
attorney for the purpose of study, preparation and advice on preparations for
trial have been seized and removed."
Zuma also said "further proceedings
will be launched for appropriate relief" because his constitutional right to a fair trial had been violated
*1.
Hulley stated in his papers that the search-and-seizure
operations had not respected attorney-client privilege
*3.
The National Prosecuting Authority has until Monday to file a
notice to defend the application.
With acknowledgements to Nalisha Kalideen and The Star.
*1 "This investigation reminds me
of Shakespeare's Macbeth when he said after a long soliloquy: '... It is a tale
told by an idiot, full of sound and fury, signifying nothing,' he added." -
Jacob Gedleyihlekisa Zuma, 2003-08-15.
"This maneouvre reminds one of
Shakespeare's Macbeth when he said after a long soliloquy: '... It is a tale
told by an idiot, full of sound and fury, signifying nothing,' he added." *6 -
Hoo Flun Dunne *7, 2005-10-09.
*2 The Directorate
of Serious Economic Offences (DSEO) was folded into the Directorate of Special
Operations (DSO).
Indeed, DSO is only the shortform nomenclature for the
unit called the :
- Directorate of Special Operations and Serious Economic Offences
See furious
idiot?
*3 Possibly some of the operation, but all
of them?
*4 Possibly because the alleged crimes
of corruption committed are of an intrinsically binary nature - this is often
called in the industry as a tautology.
*5 See :
South African Government
Information
Directorate of Special Operations and Serious
Economic Offences
Mail : Private Bag X752,
PRETORIA, 0001
Street : Victoria and Griffiths Mxenge
Building, 140 Cnr Hartley and Westlake Streets, Weavind Park,
SILVERTON
Tel : 012 845 6000
Fax :
012 845 7130
Head : Deputy National Director of Prosecution
Adv
Leonard F McCarthy
Deputy Head : Deputy Director of Prosecution
Adv
Andre Bekker
*6 With
acknowledgements and apologies to Sir
William.
*7 Sino-Irish micro-political observer,
macro philosopher and occasional distributor of wind-borne manure.