'Zuma Will Be Charged' [Cape Argus, 2007-12-20]

Publication: Cape Argus Issued: Date: 2007-12-20 Reporter: Boyd Webb Reporter: Xolani Mbanjwa Reporter: Murray Williams

'Zuma Will Be Charged'

Publication	Cape Argus
Date	2007-12-20
Reporter	Boyd Webb Xolani Mbanjwa Murray Williams
Web Link	www.capeargus.co.za

But ANC decides to axe Scorpions

Hours before he was due to address the ANC in Polokwane today for the first time as its new leader, the Scorpions confirmed they were about to pounce on Jacob Zuma.

And Cosatu secretary-general Zwelinzima Vavi said today he had heard that the Scorpions boss, National Prosecuting Authority (NPA) director Mokotedi Mpshe, had tried last night to obtain a warrant for Zuma's arrest *8.

NPA spokesman Tlali Tlali confirmed today: "Based on the ground the investigation against him (Zuma) has covered so far, there is enough evidence to suggest that we have a prosecutable case *1."

He said moves against Zuma who faces charges of racketeering, tax evasion, fraud and corruption relating to payments between 2000 and 2005 were "imminent".

In the strongest indication that the NPA means business, Tlali was at pains to stress that the move would not be a repeat performance of when the former NPA director Bulelani Ngcuka voiced doubt over his ability to convict Zuma, who was then South Africa's deputy president, despite a "prima facia case" against him.

"Any decision will be the outcome of a carefully considered process," Tlali said.

The possible arrest of Zuma so soon after his landslide victory as ANC president over President Thabo Mbeki is expected to cause a huge outcry among the ANC and Alliance members.

And the Zuma case and others *5 were said to be behind the ANC's decision yesterday to disband the Scorpions. The decision was set to be rubberstamped today.

Vavi said today he was aware of the NPA's "attempts to continue with the prosecution".

"This is a case of sour grapes by the NPA. They have lost their credibility since they started making comments about Zuma's alleged corruption case."

The ANC Youth League accused the NPA of acting "out of desperation". "We firmly believe in the principle of innocent until proven guilty and this should apply to the ANC president. We will continue to support him no matter what," ANCYL secretary-general Sihle Zikalala said.

The State last week revealed that it had prepared a draft indictment against Zuma and claimed it had evidence pointing to a wider pattern of alleged corruption, including payments of more than R4 million.

In an affidavit, senior investigator Johan du Plooy claims:

The amount of money suspected of being involved in corrupt payments has soared from the R1.2m cited in the trial of Zuma's former financial adviser Schabir Shaik to R4.07m.

This includes a further R800 000 allegedly paid between 1995 and 2002, the period under scrutiny in the Shaik case, as well as other payments that allegedly continued until mid-2005.

The number of payments uncovered has increased from 229 to 354.

The four examples mentioned in the Shaik case of how he benefited from his relationship with Zuma have leapt to 28 examples.

Any future prosecution would see the State argue that Shaik's Nkobi group was "an enterprise whose business was carried on through a pattern of racketeering activity as defined in and proscribed by the Prevention of Organised Crimes Act".

The State would allege in any future prosecutions that Nkobi's employees or associates, including Zuma, took part in the conduct of the business through a pattern of racketeering activity.

Zuma fraudulently failed to declare the allegedly corrupt payments to the SA Revenue Service, Parliament and the secretary of the cabinet.

Zuma did not declare taxable income of some R2 779 514.20 and evaded taxation of some R1 167 971 between 1995 and the end of the 2004 tax year.

Du Plooy said the new evidence was a firm basis for prosecution.

Mpshe, meanwhile, said he was dismayed at the possible dissolution of the unit, and pointed out that the ANC had no direct power to disband it.

"The Scorpions is not a branch of the ANC, but a creature of statute." It was Parliament that would have to take a decision, he said.

Safety and Security Minister Charles Nqakula would not say yesterday whether he agreed with the decision to disband the Scorpions, but confirmed that the ANC's Peace and Stability Commission had endorsed a proposal made at the ANC policy conference in June.

The DA spokeswoman on safety and security, Dianne Kohler Barnard, said today: "We are extremely concerned about a further move on the part of the ANC to centralise power under a single source.

"... It would be construed globally ... as a definite attempt on the part of Zuma and his supporters to quash any further case against him *6."

With acknowledgements to Boyd Webb, Xolani Mbanjwa, Murray Williams and Cape Argus.

*1       The previous NDPP had a prosecutable case *2, but said the chances of a conviction were not high enough.

This time there is still a prosecutable case, but what are the current chances of securing a conviction? *4

*2      Any case is prosecutable if there is relevant prima facie evidence. *3

*3      Which there indeed was and in abundance at that time.

*4      About 100%.

*5      Including the Shaik Brothers' other buddy, Mac Maharaj *7.

*6      Too late, she cried.

*7       Vat hom, Fluffy.

*8       I wonder if he succeed and if not, why not?