Publication: Cape Times Issued: Date: 2007-12-03 Reporter: Angela Quintal Reporter: Karyn Maughan Reporter: Christelle Terreblanche

Will Zuma Be Charged?

 

Publication 

Cape Times

Date

2007-12-03

Reporter Angela Quintal, Karyn Maughan,
Christelle Terreblanche

Web Link

www.capetimes.co.za



ANC Deputy President Jacob Zuma is set to contest his party's elections in Polokwane as a "free man" as the National Prosecuting Authority (NPA) may decide only next year whether to prosecute him.

The NPA's acting director, Mokotedi Mpshe, says a decision may take up to, but no longer than, two months because more evidence is needed *1 to assess the case against Zuma, front runner in the race to lead the ANC.

A decision on national Police Commissioner Jackie Selebi would "be quicker", Mpshe said.

On Thursday, the prosecuting team gave him a comprehensive briefing on the Zuma investigation. Mpshe also received a report from the panel appointed to review the Scorpions' case against Selebi, which involves charges of corruption, racketeering and defeating the ends of justice.

A security source said last week that the Selebi review panel was unlikely to contradict the work of the Scorpions.

"The decision on Selebi would be easier because ... you recall a decision was long done. So that is the easier one," the SABC quoted Mpshe as saying at an awards ceremony for prosecutors on Saturday.

He said the NPA had been under pressure for much of the year, particularly because of the two high-profile cases. The cases had to be finalised as soon as possible, to avoid uncertainties and finger-pointing.

An NPA spokesperson last week said it was Mpshe's decision whether to prosecute. President Thabo Mbeki did not need to be consulted.

The cases were reviewed followed the suspension in September of the NPA director, Vusi Pikoli, days after the Scorpions secured arrest and search warrants against Selebi.

Pikoli's fitness to hold office is now the subject of an inquiry, and the arrest warrant has been withdrawn.

Asked if the NPA had reported back to him, Mbeki said: "No, they haven't. I mean, they wouldn't." Nor was he aware of the review panel's progress, Mbeki said.

It was Justice Minister Brigitte Mabandla who would report to him on "other cases" after being briefed by the NPA.

Mabandla is in New York and due back on Wednesday.

The NPA's successful appeal against a High Court finding that warrants used to search Zuma and his lawyer's properties were invalid has paved the way for the state to add charges of tax evasion and money-laundering to those of fraud and corruption brought against Zuma in a case struck from the High Court roll last year.

In a three-two split, the Supreme Court of Appeal found last week that the warrants used in the Scorpions' raids in August 2005 on the homes and offices of Zuma and his attorney, Michael Hulley, were valid. This allowed the state to use the findings of a KMPG audit of the 93 000 documents seized in the raids in drafting charges against Zuma.

It is understood the audit found that up until August 2005, Zuma received R3,5-million from his former financial adviser, convicted fraudster Schabir Shaik, and that this is the basis of fresh charges Zuma would face.

Hulley has filed a Constitutional Court challenge to the Supreme Court of Appeal judgment *2. The state is expected to respond in three weeks.

Based on the arrest warrant that was withdrawn, Selebi could face charges of corruption, racketeering and defeating the ends of justice.

Some of the allegations relate to his friendship with Glenn Agliotti, charged in connection with the murder of mining figure Brett Kebble.

Kebble's former security boss, Clint Nassif, has claimed in an unsigned statement that Kebble was prepared to pay Selebi up to R13-million for the police chief's protection against the Scorpions.

In the statement, Nassif claims he learnt of Kebble and his business partner John Stratton's agreement with Selebi through Agliotti.

Selebi has said on radio he would like to have his day in court, but only "if there are allegations that can be proved ... I am certain that I, Jackie Selebi, have never been involved in that kind of wrongdoing."

* This article was originally published on page 1 of The Cape Times on December 03, 2007

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With acknowledgements to Angela Quintal, Karyn Maughan, Christelle Terreblanche and Cape Times.



*1       Sorry, this is rubbish.

More evidence might be required for more charges, but it is impossible to credibly claim that there isn't sufficient evidence from the same circumstances as the Shaik convictions in respect of at least four charges.

Anyway, forget Zuma for the moment, just charge Thomson-CSF.

What possible reason can there be not to charge them.

Let's eat this troop of elephants one elephant at a time.

When we've finished with Elephant Thomson-CSF we can eat Elephant Jacob; when we've finished with Elephant Jacob we can eat Elephant Thabo *3.

It's the NPA's statutory obligation not to fear indigestion.


*2      Mpshe has now said that a maximum of two months is required to finalise his decision regarding Zuma.

Logically this separates the making of the decision from the eventual ruling of the Constitutional Court.

Such nonsense will not be tolerated again.

Simply, put the Constitutional Court challenges by both Zuma and Thomson-CSF having got absolutely nothing to do with decisions whether to charge them or not.

Right, the whole country is going to be burned to the ground when the NPA re-charges Zuma, or so some of his supports threaten.

So, taking the Mills Utilitarian principle as correct in this instance, save the 46 million inhabitants (38 million citizens and 8 million refugees and illegal immigrants) from the associated risks of national anarchy and just charge Thomson-CSF - or have they become royal game as well after their bountiful relationship with Zuma and the Shaik Brothers over the last decade?

The NPA can't have it all ways.



*3       All that's now different is the order of the eating *4.


*4      How does one eat an elephant?

One bite at a time.


How does one eat two elephants?

Get one elephant to eat the other, then eat the remaining one.

Now I must change the name of my project from Operation Eat the Elephants to Operation Eat the Elephant.