ANC president Jacob Zuma on Sunday rounded on opposition parties that wanted him prosecuted, as he moved one step closer to having criminal charges against him dropped.

But opposition parties said if there was indeed evidence of executive interference in his prosecution, those involved should rather be charged, instead of Zuma escaping scot-free.

Speaking at an ANC rally in Rustenburg, Zuma told supporters that opposition parties claimed to respect the rule of law, but were quick to oppose it when someone exercised his constitutional right.

Zuma - whose legal team has made submissions to the National Prosecuting Authority that appear to have resulted in a change of heart - said: "For certain organs of the state to review such submissions is within the law, within the constitution."

Yet opposition parties had gone to the NPA to make submissions to prosecute him, instead of focusing on their election campaigns, Zuma said.

Last week, DA leader Helen Zille made representations to the NPA on why her party believed Zuma should be tried.

Zuma said: "What do they (opposition parties) do? They even challenge the decisions before the decisions are taken and in the middle of elections. Instead of them being busy canvassing, they are busy going to court to challenge decisions that don't exist."

Acting NPA head Mokotedi Mpshe would meet his top management today, when a final decision on whether to drop the charges was expected to be made.

Although the NPA remains divided over the issue, it appears that new evidence presented by Zuma's lawyers points to blatant executive and outside interference in the NPA's work, which has compromised the state's otherwise solid case against the ANC president.

Some of the new information involves claims of alleged collusion between former president Thabo Mbeki and/or members of his administration, and ex-Scorpions boss Leonard McCarthy.

This was apparently discovered through police taps on McCarthy's phone conversations, mostly with former prosecutions boss Bulelani Ngcuka.

Both Mbeki and Ngcuka have denied the claims, while McCarthy, who heads the World Bank's anti-corruption unit, has gone to ground and ignored requests for comments.

The tapes are in Zuma's Durban lawyer Michael Hulley's possession.

NPA deputy national director Willie Hofmeyr and the acting head of the National Prosecutions Service, Sibongile Mzinyathi, were given access to the recordings and took notes.

One of these apparently involves McCarthy speaking to Mbeki, in which he is alleged to have pledged loyalty to the former president, although what he is alleged to have said is open to interpretation.

In February, the NPA issued a statement in which it raised questions about the legality of making a police interception of McCarthy's phone calls public - as the SAPS had done in a labour dispute - in which it appeared that several NPA members were under police investigation.

The transcripts have since been removed from the court file.

It appears that these are the recordings being relied on by Zuma's legal team.

At the time, NPA spokesperson Tlali Tlali said it had not been made clear to those involved whether this interception was made in terms of the law.

Meanwhile, opposition parties urged that instead of dropping charges against Zuma, the NPA should rather charge former president Thabo Mbeki, if there was sufficient evidence that he had interfered with Zuma's prosecution.

"If there was any interference by Mbeki he must be charged. It has nothing to do with Zuma's case," said Independent Democrats (ID) leader Patricia de Lille.

United Democratic Movement leader Bantu Holomisa echoed De Lille's views and described any possibility of Zuma's being off the hook as travesty of justice.

"Mbeki has put the NPA in a tight corner. One would expect Mpshe to summon Mbeki if there is new evidence," said Holomisa.

He said there was no reason for Mpshe to have sleepless nights.

"It is not the duty of Mpshe to withdraw the case. If Zuma has evidence of political interference, he can file for a case within a case."

He also complained that the leaking of information was part of a continuing campaign to pressure the NPA and condition the public about the reality that Zuma's charges could be dropped.

Writing in her weekly column on Friday, DA leader Helen Zille said if the NPA dropped the charges, it would have failed the criminal justice system.

"The NPA has a responsibility to press ahead with the prosecution since it is uniquely equipped and experienced to deal with criminal prosecutions," said Zille.

Tlali refused to be drawn on the tape recordings, and insisted that no decision had been made yet about whether to drop charges against Zuma.

The Mercury understands that the NPA is expected to approach KwaZulu-Natal Judge President Vuka Tshabalala this week to formalise the dropping of charges against Zuma, in terms of the Criminal Procedure Act.

• This article was originally published on page 1 of The Mercury on March 30, 2009

Related Articles

• Spotlight falls on key Zuma,NPA players
• NPA to drop Zuma charges
• Is Zuma off the hook?
• 'If we drop Zuma charges, NPA may reveal why'
• Zille: Zuma case to bring down government