SA's Great Survivor Faces a Whole New Challenge |
Publication |
Business Day |
Date | 2008-01-03 |
Reporter | Wyndham Hartley |
Web Link | www.businessday.co.za |
Cape Town Amid all the sound and fury of
African National Congress (ANC) president Jacob Zuma's supporters claiming that
the new charges brought against him are politically motivated,
there remains an 84-page indictment and a more than
700-item list of allegedly illegal payments that these supporters have
yet to refute.
The howls of protest against the indictment, which came just three days after
Christmas and a little more than a week after Zuma's election as ANC president,
have taken aim at President Thabo Mbeki for using the National Prosecuting
Authority (NPA) for political reasons. There have also been expressions of no
confidence in the judiciary despite the fact that in the Zuma fraud and
corruption saga, the only significant action by a high court judge has been to
strike the matter from the court roll.
Of course, there has also been a ruling from the Supreme Court of Appeal to the
effect that the documents seized in raids on Zuma's homes and his lawyers'
offices as well as arms deal-related documents in Mauritius were admissible as
evidence. This is on appeal by the Zuma camp to the Constitutional Court.
The charges have been expanded to include racketeering, corruption (five
counts), money laundering or acquisition, possession or use of proceeds of
unlawful activities , and 12 counts of fraud and making false statements in
income tax returns.
In the general preamble, the indictment says that during the period it covers,
Zuma was a high-ranking official in the provincial executive of KwaZulu-Natal (MEC
for economic affairs) and the national government (deputy president) and also
held high office in the ruling ANC. It concludes that by virtue of these
offices, he was in a position to exercise considerable influence.
It also notes that both the interim constitution and the final constitution
prohibited Zuma from taking up other paid employment, or engaging in activities
inconsistent with his role as an MEC or as deputy president.
The executive ethics code also imposed on Zuma the "highest ethical standards"
and prohibited him from wilfully misleading the legislature and "exposing
himself to any situation involving the risk of a conflict between his official
responsibilities and his private interests".
In support of the first count of general corruption, the indictment says that
Zuma and his jailed former financial adviser, Schabir Shaik, along with French
arms company Thint Holdings and Shaik's Nkobi Holdings, formed a common purpose
to bribe Zuma with an ongoing series of payments and services . The schedule to
the indictment shows 783 payments from Shaik and his corporate entities
totalling R4,072 m over a period of 10 years from October 1995.
The indictment claims that Shaik's payments to Zuma were larger than the
positive cash balance of Nkobi, that they were paid under circumstances where
Zuma would have been unable to obtain such funds commercially and outside normal
banking practice. It concludes that the interest on the payments made to Zuma
alone is "beyond any legitimate means of repayment available" to Zuma.
The specific corruption charge focuses on the allegation that the French arms
companies and Shaik "conspired" to pay Zuma R500 000 a year "as a bribe in
exchange for accused one's (Zuma's) protection in respect of the investigation
into the corvettes part of the arms deal".
The new charge of money laundering relates to the alleged R500 000-a-year bribe
from Thint. This is because the money was paid through a circuitous route "of
concealing or disguising the nature, source, location, disposition or movement
of the said property and the ownership thereof or any interest which anyone may
have in respect thereof".
Some of the fraud charges relate to Zuma's claimed failure to declare the
payments of more than R3m in his declaration of members' interests to
Parliament. The same applies to his declaration required in terms of the
Executive Members' Ethics Act, where there is a legal duty on members of the
cabinet to declare their interests.
He is also accused of fraud for denying in a reply to a parliamentary question
by former Democratic Alliance MP Raenette Taljaard that he had met Shaik and
Thint CE Alain Thetard in March 2000. The indictment suggests that the alleged
bribe was discussed at this meeting.
The income tax offences relate to an alleged failure to declare the income Zuma
was getting from Shaik's payments. It is claimed that for eight years he filed
no income tax returns at all and following that they were submitted by Shaik who
signed them on behalf of Zuma.
The NPA has also filed a list of 218 witnesses it intends to call when the
matter goes to trial by no later than August this year. This means that the
trial will be in full swing when the ANC holds conferences to determine who will
become MPs after the election next year. Those MPs will elect the next president
of SA Zuma or someone else?
With acknowledgements to Wyndham Hartley and Business Day.