The NPA and Zuma: who did what and when ... the role players |
Publication |
Business Day |
Date | 2009-04-06 |
Web Link | www.bday.co.za |
THABO MBEKI: In 2005, Mbeki removed Jacob Zuma from his post as deputy state
president , after he was implicated in his ally Schabir Shaik’s corruption
conviction. Although barred by the constitution from seeking a third term as
state president, Mbeki in 2007 entered the race for a third term as African
National Congress (ANC) president (no party term limit exists).
Zuma won the party race . Mbeki formally announced his resignation as head of
state in September last year. This came a few days after the Pietermaritzburg
High Court declared corruption charges against Zuma invalid. Judge Chris
Nicholson found that the executive had meddled in the Zuma matter, and that
Mbeki should be held responsible. That ruling was later overturned by the
Supreme Court of Appeal. Mbeki is now an African Union envoy to Sudan’s Darfur
conflict.
BULELANI NGCUKA: Prior to his appointment as the founding head of the National
Prosecuting Authority (NPA), the then Democratic Party opposed his appointment
on the grounds that he was too involved in the ANC to exercise judicial
independence. Allegations against Zuma trace back to 2001 when Mbeki ordered the
auditor-general, the NPA and the public protector to investigate claims made by
Patricia de Lille in Parliament in 1999. While 24 individuals and 68 statutory
bodies were probed by the Joint Investigation Team, its report, published in
2001, concluded that there was “no evidence of improper or unlawful conduct on
the part of the government in the arms deal”. In August 2003, Ngcuka concluded
his investigation into Zuma’s finances, stating that there was prima facie
evidence of corruption, but this was insufficient to win the case. Ngcuka now
chairs construction company Basil Read .
VUSI PIKOLI: In 2005, Pikoli replaced Ngcuka, who quit after much criticism,
particularly over his handling of the Zuma matter. It was Pikoli who took the
initial decision to prosecute Zuma. That case was struck off the roll in 2006 by
Pietermaritzburg High Court judge Herbert Msimang, following numerous delays.
Pikoli was suspended by Mbeki in 2007, a decision later endorsed by President
Kgalema Motlanthe. He is challenging his axing in the Pretoria High Court.
MOKOTEDI MPSHE: The acting NPA head, appointed by Mbeki following Pikoli’s
suspension in 2007, has been a thorn in Zuma’s side. Mpshe decided to charge
Zuma again , a fact he announced in an SABC radio interview, two days after Zuma
was elected president of the ANC in December 2007. Mpshe has also stated that
Nicholson’s judgment, which declared that the executive had interfered in the
Zuma case, was tantamount to abuse of power. It is unclear if Mpshe is in the
running to be permanently appointed to his current role. Hajra Omarjee
With acknowledgements to Business Day.