Zuma Used Power for Personal Gain - NPA |
Publication |
Cape Times |
Date | 2007-12-31 |
Reporter | Alex Eliseev |
Web Link |
www.capetimes.co.za |
Johannesburg: In its case against Jacob Zuma, the state will set out to
prove that the newly elected ANC president abused his positions in the party and
the government for almost a decade for his own gain.
In a scathing 84-page indictment, the National
Prosecuting Authority (NPA) has finally revealed its case against the man
heading for the country's presidency 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.
Zuma's supporters are adamant that the charges are part of a political vendetta.
NPA acting head Mokotedi Mpshe has called these allegations "absolute nonsense".
The indictment, served on Zuma's Johannesburg home last week, names him 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 successful 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.
He was found to have had a corrupt relationship with Zuma, but the case against
Zuma was thrown out in 2006.
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 per year bribe offered to Zuma in
connection with the arms deal - allegedly laundered through one of the Nkobi
companies.
The indictment claims criminal acts took place while Zuma was MEC for Economic
Affairs and Tourism in KwaZulu-Natal from May 1994 to June 1999, while he was
deputy president of the ANC from December 1997 until this month and while he was
the deputy president of SA and leader of government business from June 1999 to
June 2005.
During his time as MEC, the state claims, 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 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 that Nkobi was "the enterprise",
headed by Shaik and his "political connectivity". Its operation 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, what "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.
On 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 the SA Revenue
Service.
The payments Zuma allegedly received from Shaik were not declared.
And finally, 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 the issue of a party president now
awaiting trial.
With acknowledgement to Alex Eliseev and Cape Times