New evidence shows executive did interfere

The National Prosecuting Authority (NPA) appears set to vindicate Jacob Zuma's claims of a political conspiracy. It is likely to announce early next week that charges against the ANC president will be dropped.

The NPA may be forced to make public evidence that could rock the country, because it points to alleged executive interference and collusion with senior NPA officials over the years.

It is understood that while the NPA believes that on the merits, Zuma has a strong case of corruption to answer, the evidence of a political conspiracy has compromised the chances of a successful prosecution.

Some in the NPA fear that instead of Zuma, the NPA will be in the dock should it proceed regardless against the ANC leader, with devastating consequences for the criminal justice system and the prosecuting authority's future credibility.

The NPA's own prosecutorial guidelines state that "a wrong decision" to pursue a case "undermines the community's confidence in the prosecutions system".

The mooted "national interest" justification may well save Zuma's bacon, but will put the spotlight squarely on former NPA boss Bulelani Ngcuka, ex-Scorpions head Leonard McCarthy, former president Thabo Mbeki and some of his trusted allies.

It is also a means of avoiding conflict between the current NPA management and the Zuma prosecuting team, who consistently maintained they had a strong and winnable case against the man who is likely to be the country's president within a month.

The same team is understood to have threatened to walk out when Ngcuka decided not to charge Zuma, while nevertheless proceeding against his former financial adviser Schabir Shaik.

The Zuma prosecutors and investigators are believed to have agreed to stay on then, on condition that Ngcuka acknowledged there was a prima facie case against the then South African deputy president, albeit there might not be a "winnable" case.

This time around they are understood to be insisting that their NPA bosses do not create the impression that their case against Zuma is suspect on the merits.

With tensions still high in the NPA about how to handle the announcement, the official line is that no decision has yet been made.

NPA spokesman Tlali Tlali yesterday said it was not able to commit itself to any time frames in which acting head Mokotedi Mpshe would make a decision to drop the charges or proceed with the case.

Mpshe, meanwhile, would not comment on the contents of the bombshell "spy tapes" that were presented by the Zuma legal team, and which have apparently convinced deputy national director of public prosecutions, Willie Hofmeyr, that the prosecution's case has been compromised.

The Star newspaper reported a fortnight ago that Hofmeyr was the key liaison between the NPA and the Zuma legal team and is the man whose influence on the Zuma case had until then been underestimated.

Hofmeyr and a colleague travelled to Durban to hear the recordings in the office of Zuma lawyer Michael Hulley, and were allowed to take notes.

The NPA does not have copies of the recordings, which are believed to have been made by police crime intelligence, and whose legality has been questioned by those whose conversations were tapped, including Ngcuka.

It is understood to include a conversation between McCarthy and Mbeki, in which McCarthy appears to pledge fealty.

"You will always be my president," McCarthy is believed to have stated.

Mbeki supported McCarthy's move to head the World Bank's anti-corruption unit, even though Parliament in its report on the Special Mole Browse report recommended action be taken against him.

McCarthy has ignored telephone and e-mail requests for comment.

In Durban yesterday, Mpshe would neither confirm nor deny the existence of the recordings, but said, "If those tapes are indeed there and they have a bearing or relevance on the Zuma matter, I cannot ignore that information.

Among other claims is that the recordings show that the presidency of that time was involved in discussions on when would be the best time to charge Zuma and suspended police National Commissioner Jackie Selebi. It is alleged that the order was given that this should not occur before the ANC's 2007 Polokwane conference.