Publication: The Star
Issued:
Date: 2007-12-29
Reporter: Jeremy Gordin
Reporter: Kashiefa Ajam
Reporter: Angela Quintal
| Publication |
The Star
|
| Date |
2007-12-29
|
|
Reporter |
Jeremy Gordin
Kashiefa Ajam
Angela Quintal |
|
Web Link
|
www.thestar.co.za
|
Three days after Christmas, and 12 days before the ANC president's
all-important state of the nation address, the National Prosecuting Authority (NPA)
has re-charged Jacob Zuma, the new ANC president, with corruption and fraud and
added three new charges - money laundering,
racketeering and tax evasion.
Zuma reacted with rage on Friday that the
indictment was served on his Forest town, Johannesburg, home when he was handing
out Christmas presents to children and the indigent at his home in Nkandla in
KwaZulu-Natal.
In a statement released by his lawyer Michael Hulley, Zuma said that, according
to the indictment, his trial is set for August 14. He added that he found the
timing "most peculiar *2
coming so soon after his election to the ANC presidency.
"In light of the NPA proposing a trial date in August 2008," Zuma's statement
read, "one cannot imagine the need for such haste and the
service of the indictment over this Christmas period *1, when much of the
world, commercial, legal and otherwise, is at rest."
Obviously, the statement continued, the serving of the indictment had been timed
to "redress the popular support and call to leadership by the ANC", giving in
"to the long-held view that the Scorpions are influenced and their prosecution
informed by political considerations".
Zuma said he would "vigorously" defend himself against the charges "in the
context of the belief" that the Scorpions had acted with an improper motive - to
discredit him and ensure he could play "no leadership role in the political
future of our country".
The indictment states that Zuma is being charged for actions taken while he was
a member of the KwaZulu-Natal legislature; the Minister of Economic Affairs and
Tourism for the Province of KwaZulu-Natal from May 1994 to 17 June 1999; deputy
president of the ANC, from December 1997; and deputy president of SA and leader
of government business (June 1999-June 2005).
Zuma has been charged, along with Thint Holdings and Thint
(Pty) Ltd, two local corporate entities of the French arms dealer Thales,
represented by Pierre Moynot, the chief executive of both *2.
There are 15 different counts on which Zuma
has been charged - mainly fraud and corruption, but also racketeering and money
laundering.
Many of the charges are related to the dealings between Zuma and the Nkobi
Group, the companies formerly controlled by Durban businessman Schabir Shaik. It
was a result of Shaik's "corrupt relationship" with Zuma that Shaik was
convicted for corruption and fraud and sentenced to 15 years in the Durban High
Court in 2005.
The indictment says that a total of "R1 137 722.48 of the total payments of R4
072 499.85 does not reflect the payments as loans. However, the schedule
payments were intended by Shaik, the Nkobi Group and Zuma and Thint as bribes,
whatever their description".
The convictions and sentences of Shaik were later upheld by the Supreme Court of
Appeal and the Constitutional Court.
As a result of the high court ruling, President Thabo Mbeki - who was 10 days
ago defeated by Zuma for the ANC presidency in Polokwane - sacked Zuma from the
deputy presidency of South Africa in 2005.
Zuma was then charged with corruption and fraud by the NPA, but the case was
struck off the roll in the Pietermaritzburg High Court by Judge Herbert Msimang
in September 2006.
Since then, the NPA has said it was waiting for the outcome of certain cases
related to raids that it had conducted on Zuma's homes, on the premises of his
attorneys past and present, and on Thint, in August 2005.
Zuma and Thint had appealed against the legality of the warrants used in these
raids but recently lost their appeals in the SCA.
They have now gone to the Constitutional Court. One of the effects of the Zuma
and Thint appeals - one of the reasons why Msimang struck the main case against
Zuma off the roll - was that the State was unable to use any of the
documentation seized during the August 2005 raids.
At the Polokwane conference, the new deputy president of the ANC, Kgalema
Motlanthe, said the NPA needed to think very carefully about re-charging Zuma
because the length of time they had been investigating him was "suspect".
Other ANC groupings, such as the youth league, also criticised the NPA's ongoing
bid to charge Zuma.
The NPA has been investigating Zuma since roughly 1999 when his name first came
up in connection with Shaik.
Commenting on Friday Gwede Mantashe, ANC Secretary-General, said: "They couldn't
wait for the holidays to be over to create
sensation. This story is an old story that is just kept alive in the media. They
threatened to do it on the last day of our conference in Polokwane. There was
even an article in a newspaper which outlined the charges.
"But the ANC NEC will meet on January 7 so that we can work out
a structured manner in which to deal with this matter."
All that Mukoni Ratshitanga, Presidency spokesperson, had to say when contacted
on Friday night was: "Why should we comment? No we will not."
Earlier this week Mantashe warned that any "State or political manipulation"
behind recharging Zuma could spark a "mass resistance
movement".
However, he stopped short of suggesting it would be
payback time for the NPA, now that a new ANC leadership was in charge.
Mantashe said the pending charges against the ANC president would not constitute
a crisis for the new leadership core and that State institutions should escape
unscathed.
The NPA too has been under fire for over five years *3
for allegedly manipulating its investigation into Zuma's alleged
corrupt dealings with an arms deal beneficiary.
* This article was originally published on page 1 of The Independent on
Saturday on December 29, 2007With acknowledgements to
Jeremy Gordin, Kashiefa Ajam, Angela Quintal and The Star.
*1 After his admirers served notice
on the country that his indictment might be met with civil upheaval, serving the
indictment over the quite holiday period it very excellent (albeit simple).
Si ya ginga indhlovu ilinye.
Si ya ginga izindhlovu izimimbili.
Aluta continua.
*2 Hallelujah.
*3 They took their time so that a political accommodation
could be made, but the arrogance of power and lure of control ensured that the
deal suffered infant mortality and the matter endures for a further decade (2003
>>> 2013).
2003 NDPP declines to prosecute on charges of corruption
2005 NDPP withdraws corruption charges against co-accused
2007 re-indictment by new NDPP on charges of corruption,
racketeering, fraud, money laundering, tax evasion
2008 interlocutory application for permanent stay of
prosecution
2009 High Court judgment in application for permanent stay of
prosecution
2010 Appeal Court judgment in application for permanent stay
of prosecution
2011 trial commences
2012 High Court judgment in corruption and racketeering
2013 Appeal Court judgment in corruption and racketeering
2014 Constitutional; Court judgment in corruption and
racketeering