Shaik, Thint and the 16 Charges |
Publication |
Sunday Times |
Date | 2009-03-22 |
Reporter | Paddy Harper |
Web Link |
Racketeering, corruption, fraud, tax evasion and money laundering are among
the 16 charges ANC president Jacob Zuma will face if national director of public
prosecutions Mokotedi Mpshe decides to continue with his prosecution.
The charges one of racketeering, two of corruption, 12 of fraud and one of
money laundering, with alternatives including tax evasion are contained in a
90-page indictment lodged in the Pietermaritzburg High Court in December 2007.
It was withdrawn last August when Judge Chris Nicholson found Zuma should have
been given the right to make representations to the National Prosecuting
Authority , but it was reinstated after the Supreme Court of Appeal found
earlier this year that Nicholson had erred in his ruling.
In essence, Zuma is charged with corruption for illegally receiving more than
R4-million from Schabir Shaik and his Nkobi group of companies over a 10-year
period while he was KwaZulu-Natal economic affairs MEC and later deputy
president of the country, and using his influence to further Shaik’s interests.
He is also charged with corruption for the alleged agreement between himself,
Shaik and French arms dealer Thint that he be paid R500 000 a year for
protecting Thint from arms-deal investigations *1.
The fraud charges relate to Zuma’s failure to declare his illegal income to
parliament, cabinet and the taxman and for allegedly lying to parliament.
The racketeering and money-laundering charges stem from an alleged conspiracy by
Zuma, Shaik and Thint to create a criminal
“enterprise” and set up a system of covert payments to
hide the flow of money from Thint to him via Shaik and others.
According to the indictment, Zuma, Shaik and then Thint boss Alain Thetard
conducted “planned, ongoing, continuing or
repeated” acts of racketeering between October 1995 and
July 2005 by running an “enterprise” based on illegal interventions by Zuma in
return for payments from Shaik or his Nkobi group and Thint.
The first corruption charge against Zuma relates to his having received 783
payments totaling R4 072 499 from Shaik or his companies, allegedly in return
for violating his constitutional duties by illegally acting on behalf of Shaik,
or allowing his name to be used by him.
The second corruption charge stems from the alleged agreement between Zuma,
Shaik and Thint in September 1999 that Zuma would protect Thint from arms deal
investigators in return for R500 000 a year, which would be paid to him through
Shaik.
The money-laundering charge stems from the payment of R250 000 as part of the
illegal payment of R500 000 a year to Zuma by “covert
means”, with the money eventually being used to pay for
Zuma’s Nkandla homestead.
Shaik, recently released on medical parole after serving less than a third of
his 15-year jail sentence for corruption, was convicted of corruption by Judge
Hilary Squires in 2005.
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