Publication: Mail and Guardian Issued: Date: 2006-12-06 Reporter: Giordano Stolley Reporter: Sapa

NPA 'Driven by Ulterior Motives'

 

Publication 

Mail and Guardian
Date

2006-12-06

Reporter

Giordano Stolley, Sapa

Web Link

www.mg.co.za

 

The National Prosecuting Authority (NPA) is to ask the Durban High Court to request that Mauritian authorities hand over documentation that may show that a meeting took place between Jacob Zuma, Schabir Shaik and the former chief executive of French arms manufacturer Thint.

Zuma's legal team and Thint's legal team on Wednesday said they had also received copies of the notice "to make an application to a judge in chambers on December 12 at 9.30am".

The NPA is asking the Durban High Court to issue a letter of request to the Attorney General of Mauritius in terms of the International Cooperation in Criminal Matters Act.

The documents held in Mauritius include the 2000 diary of Alain Thetard, the former chief executive officer of Thint, the local subsidiary of French arms manufacturing giant Thales International.

In supporting documentation it is revealed that "the entry [in Thetard's diary] for March 11 2000 is a particularly important piece of evidence for the state in the present prosecution. It appears from this entry that Thetard met with 'J Zuma + SS' in Durban on that day".

Businessman Schabir Shaik was convicted of fraud and two counts of corruption by Judge Hilary Squires in July 2005. Earlier this year the Supreme Court of Appeal upheld the Squires judgement.

On the second count of corruption Shaik was found guilty of attempting to solicit a R500 000-a-year bribe for Zuma from Thetard.

The attorney for Thint, Ajay Sooklal, said the NPA's application for the Mauritian documents would be opposed.

In an affidavit filed, investigating officer Isak du Plooy said: "There is a reasonable prospect that charges could in future be re-instituted against one or more of the erstwhile accused and/or others, more particularly since the Supreme Court of Appeal has in the interim comprehensively confirmed the findings of the trial court [in the Shaik appeal]."

In March the NPA had attempted to obtain a similar letter of request, but Judge Pete Combrinck ruled that any letter of request would have to be granted by a trial judge.

In September this year Judge Herbert Msimang struck the case against Zuma and Thint from the roll after the state had sought a postponement pending the outcome of the Shaik appeal and a challenge to the search-and-seizure raids carried out on Zuma, his attorneys and Thint.

The outstanding Mauritian documents were also presented to the court as a reason for the postponement of the case.

Meanwhile, the African National Congress (ANC) Youth League has again accused the NPA of a "sustained media trial of the ANC deputy president".

In a statement issued by spokesperson Zizi Kodwa, the league said: "[NPA head] Vusi Pikoli cannot end the year without making a dramatic Christmas statement to please his handlers *1 about prospects of a winnable case.

"We have always held a view that the NPA, in its pursuit of justice against the ANC deputy president, is driven by ulterior motives."

The Friends of Jacob Zuma Trust Fund in Gauteng believed that the matter was not purely legal.

"We are convinced that this is an ongoing ploy to ensure that comrade Jacob Zuma's political leadership is doubted by the public and we reaffirm our view that this is to subject comrade JZ to kangaroo courts of public opinion," said trust spokesperson Kaizer Mohau.

"[Of} more serious ... concern is the fact that this is happening precisely when ANC structures are preparing for leadership nominations towards the ANC conference next year."

Mohau said Zuma's innocence was already confirmed by Pietermaritzburg High Court Judge Herbert Msimang earlier this year when he struck the case against Zuma from the roll.

"It was further confirmed by a letter to the Business Day a few weeks ago by Judge Hilary Squires in which he denies having said JZ is corrupt and that on its own indicates that any attempt to recharge JZ of corruption is nothing but a political ploy to undermine his persona and leadership in our country."

If the NPA and its "political handlers" decided to re-open the case against Zuma, they would face the full might of those who supported the ANC deputy president.

"We shall never hesitate to act when it is necessary in defence of our leader, father and [inspiration]," Mohau said.

With acknowledgements to Giordano Stolley, Sapa and Mail and Guardian.


*1       Although not a handler, I for one would be very pleased that the NPA start making some progress on unfinished business.

Hopefully Pikoli's inspiration is his mandate and constitutional obligation.