EXPOSED Secret threats that made the NPA back off |
Publication |
Sunday Times |
Date | 2012-11-18 |
Reporter |
Mzilikazi Wa Afrika, Rob Rose, Stephan Hofstatter |
Web Link | thetimes.newspaperdirect.com |
PRESIDENT Jacob Zuma’s secret representations to
the National Prosecutions Authority (NPA),
lobbying it to scrap his corruption charges in
2009, are littered with threats to
expose the NPA’s
political agenda,
embarrass
politicians and
cause widespread
mayhem in the country*1.
The written pleas, which run to more than 240
pages and have never been released publicly,
were signed by Zuma’s lawyer, Michael Hulley
*2.
Notably, they do not
include any reference to the “spy tapes”,
presumably because their legality was still in
question at the time*3.
They were submitted to the NPA in early 2009, a
year after Zuma had been elected leader of the
ANC in Polokwane, and three months before he
became President of SA in April 2009.
In memos later, the Scorpions investigators
rejected Zuma’s
arguments as tantamount to “blackmail”.
Here are some excerpts of Zuma’s secret
representations:
‘‘If [former head of the NPA, Vusi] Pikoli had
after the President’s dismissal of Zuma not
reviewed the 2003 decision and reversed this, he
would have created a very embarrassing situation
for President Mbeki. How could President Mbeki
ever justify Zuma’s dismissal?’’
‘‘For Zuma’s removal as Deputy President to ever
have any credibility, he had to be prosecuted.
Pikoli . . . must have felt pressured by these
considerations. ’’
‘‘The case that the decision to prosecute Zuma
was improperly and unlawfully tainted beyond
redemption by political influence is
overwhelming.’’
Prosecutions boss
Mokotedi Mpshe is “a tool in the hands of the
executive *4 [because]
they instruct him on
what to do in respect of the prosecutions
process, and he does
what they instruct”.
The case will create “great
tension between [the ANC] and the NPA. No
doubt damage will be
done to both sides in the process’’.
‘‘ Only Zuma’s prosecution by the NPA
constitutes an obstacle to the Presidency of the
country and that remains
the only realistic
hope of those opposed to his presidency.”
‘‘ Should the trial go ahead, it would
severely disrupt the
national elections and it may even skew
the results.’’
‘‘ The decision to maintain the prosecution . .
. seeks to dictate the leadership of the ANC and
indeed the Republic of South Africa and
leaves such decision
effectively in the hands of the National
Directorate of Public Prosecutions. Such
a decision is
fundamentally unfair to the ANC and
favours the other
political parties in the general
election.’’
‘‘ There is considerable potential . . . to
create massive
divisions in the general public and to
lead to general
unrest.’’
‘‘[ It] will very likely be seen as an attempt
to deprive the public of their leaders and to
thwart the will of
the people in order to favour the wishes
of some of the middle classes.’’
‘‘It will affect
business confidence in South Africa:
persons from the business world will bear this
out.’’
‘‘ The effect of trial proceedings will be
adversely felt
during the 2010 World Cup. It is simply
detrimental to the
image of the country as a whole to have a
trial involving the President at that time. It
can only adversely affect foreign investments,
tourism and generally tarnish the image of South
Africa.’’
‘‘At the very least the prosecution of the
President will inevitably and directly
precipitate a
constitutional crisis of very significant
proportions.”
With acknowledgement to Mzilikazi Wa Afrika, Rob Rose, Stephan Hofstatter and Sunday Times.
*1
expose the NPA’s political agenda;
embarrass politicians; and
cause widespread mayhem in the country.
At the very least throw these chacmas in the
slammer.
*2
*3
It's nothing.
Nothing turns on it.
*4
So Kemp and Hulley knew this before me.
Clever fellows.
But now it's official.
*5