Publication: News24 Date: 2005-07-01 Reporter: Yvonne Beyers Reporter: Reporter:

Heath Plans His Zuma Strategy

 

Publication 

News24

Date

2005-07-01

Reporter

Yvonne Beyers

Web Link

www.news24.co.za

 

Former judge Willem Heath will investigate allegations that politicians influenced the normal run of justice *1 to the detriment of dismissed deputy president Jacob Zuma.

This comes after repeated claims by supporters of the popular African National Congress deputy leader that there was a political conspiracy against Zuma and he, himself, had said repeatedly he had been up for trial in the media and by other "channels of influence" *2.

Heath said: "Improper influence on the judicial system is the worst form of corruption as it forces institutions put in place to serve as independent deterrent against corruption to their knees."

The former head of the special investigation unit, who would have been responsible for investigating irregularities regarding the government's multibillion-rand arms deal, indicated earlier this week that he would give legal advice to the former deputy president on the merits of the two charges of corruption against him.

R65bn in taxpayers' money

"It is peculiar for the state to strive for the conviction on charges of corruption to the value of R2m and then fail to make a closer study of those role players who were empowered to sign contracts or were involved in other aspects of the weapons transaction in the tendering process *3," said Heath.

According to him, R65bn of taxpayers' money was spent in the process *4.

He said his "client" would pay his legal fees himself, in spite of rumours that Zuma would have to look to other sources for financial assistance to pay the legal costs of his trial.

According to Heath, he still will be providing legal services to Zuma in spite of the conditions of bail stipulating that he (Zuma) should make no "direct or indirect" contact with witnesses who appeared in the trial of his financial adviser, Schabir Shaik, or who will testify in Zuma's trial.

Was hired before bail conditions set

Heath testified in Shaik's trial on the exclusion of the investigation unit from the investigation of the arms deal and will probably be called as a State witness in Zuma's trial.

"At this stage, I am not a State witness and Zuma instructed me, before his bail conditions were set, to act as his legal adviser.

"In my testimony last year (in the Shaik trial), I did not refer to Zuma or to the indictment (that concerned him)."

Advocate Anton Steynberg SC, leader of the prosecution team, did not want to comment on the possibility that Zuma had violated his bail conditions by having consultations with Heath.

With acknowledgements to Yvonne Beyers and News24.

*1, *2, *3   The good advocate has some excellent questions to ask.

*4   Unbeknown to most, when the SDPs were approved by Cabinet in November 1998, they approved US$4 763,38 billion (R29 771,13) in equipment costs and about a further US$2 340,58 billion (R14 628,60 billion) in financing costs, making a total commitment at outset of  US$7 103,96 (R44 399,73 billion). This was before any Rate of Exchange (RoE) or escalation adjustments.

The RoEs applicable at that time were :
US$1,00 = R6,25
Euro1,00 = R6,40
Payments commenced in about April 2000. By then the RoEs were :
US$1,00 = R6,53
Euro1,00 = R6,27

By December 2000 the RoEs were :
US$1,00 = R7,75
Euro1,00 = R6,78

By December 2001 the RoEs were :
US$1,00 = R12,39
Euro1,00 = R12,21

By December 2002 the RoEs were :
US$1,00 = R9,29
Euro1,00 = R9,22

Only if one knows the payment schedule and the applicable RoEs and escalation factors can one work out the exact cost of the SDPs, but it is most likely to be between R55 billion and R75 billion in 2005 Rands.

So at R65 billion the good advocate is about right.