Publication: The Star
Issued:
Date: 2007-12-31
Reporter: Alex Eliseev
| Publication |
The Star
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| Date |
2007-12-31
|
|
Reporter |
Alex Eliseev |
|
Web Link
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www.thestar.co.za
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In its case against Jacob Zuma the state has set out to prove that the newly
elected ANC president is a corrupt fraudster who abused his positions in the
party and the government for almost a decade.
In an 84-page indictment, the National Prosecuting Authority spells out its case
against the man heading to become the country's president in 2009.
Armed with 18 charges, including new ones of racketeering, money laundering and
tax evasion, state prosecutors have given Zuma his "day in court" in August.
The NPA's announcement in the middle of the festive season and days before
Zuma's first ANC policy statement sparked outrage from his supporters, who say
the charges are a political vendetta.
NPA acting head Mokotedi Mpshe has called these allegations "absolute nonsense".
The indictment names Zuma as accused No 1, and Thint Holding (Southern Africa)
and Thint (Pty) Ltd as his co-accused.
Much of the state's new case hinges on the prosecution and conviction of Zuma's
former financial adviser, Schabir Shaik.
Shaik was sentenced to 15 years in prison on three counts of fraud and
corruption - the same sentence Zuma now faces.
The new indictment revisits the relationship between Zuma and Shaik's
"cash-starved" Nkobi group but sets the amount in corrupt payments to Zuma at R4
072 499.85 over 10 years.
This includes allegations of a R500 000-a-year bribe offered to Zuma in
connection with the arms deal - allegedly laundered through an Nkobi company.
The indictment says Zuma's criminal acts took place while he was MEC for
economic affairs and tourism in KwaZulu-Natal from May 1994 to June 1999, as
deputy president of the ANC from December 1997 until this month and as the
deputy president of SA and leader of government business from June 1999 to June
2005.
During his time as MEC, Zuma was "clothed in the powers of the provincial
parliament (MPP) and provincial executive (MEC)" and was "attending meetings,
being privy to the discussions of and participating in the decision-making
processes of the provincial executive council".
Because of this, Zuma was "in a position to exercise considerable influence in
the affairs of the department" and could "influence both local and foreign
businessmen intent on doing business in KZN".
It claims that Nkobi used Zuma to "ensure the group's survival by obtaining
profitable new business" and that Zuma was "using his powers... to further the
private business interests of Shaik".
The NPA claims he committed similar abuses of power in the other positions he
held.
On the racketeering charge, the state claims Nkobi was "the enterprise", headed
by Shaik and his "political connectivity". Its operations tied in Zuma and his
co-accused.
The enterprise set out to "cultivate and maintain corrupt relationships with
persons in positions of political power and high government office... make
payments to and on behalf of such persons in return for their services...
conceal or disguise payments to persons of power... induce, persuade or
intimidate (business) partners to enter into joint venture agreements with the
enterprise".
Zuma, the state argues, was paid for almost 10 years, which "amounted to a
salary in the form of a retainer".
The money laundering charge relates to the R500 000 annual kickback in
connection with the arms deal, which was allegedly laundered through one of
Shaik's companies.
Regarding tax evasion, the indictment claims Zuma failed to submit tax returns
for eight years (between 1995 and 2003). Only on September 11 2003 were the tax
returns - signed on behalf of Zuma by Shaik - handed over to SARS.
The payments Zuma allegedly received from Shaik were not declared.
The fraud charges accuse Zuma of misleading parliament about his financial
interests and benefits.
The ANC's national executive committee is due to meet on January 7 to discuss
how to deal with a party president who is awaiting trial.
* This article was originally published on page 1 of The Mercury on December
31, 2007
With acknowledgements to Alex Eliseev and The Star.