Zuma pay-offs: South Africans have a right to know |
Publication |
Mail & Guardian |
Date | 2012-12-07 |
Reporter |
Nic Dawes |
Web link | www.mg.co.za |
In just over a week, delegates sent to
Mangaung by ANC branches will vote whether or
not to retain President Jacob Zuma.
It is a decade since the Mail & Guardian
first revealed that Jacob Zuma was under
investigation for corruption and five years
since he was elected president of the ANC at
Polokwane.
In just over a week, delegates sent to Mangaung
by ruling party branches will vote whether or
not to retain him in that role, a decision that
will determine whether he leads them into the
2014 national election and likely remains
president of South Africa until 2019.
It is a grave decision for the party that was
central to our liberation from apartheid and
what has been a
remarkably successful transition to democracy*1.
We believe it is one that delegates must make
with the fullest possible knowledge of each
candidate’s suitability for high office.
Zuma and those around him have fought, however,
to prevent both the courts and the public from
learning the truth about the corruption
allegations against him and some of his closest
associates.
In the process they
have ridden roughshod over the justice system
and put at risk the basic institutional
framework of democracy,
undermining the
National Prosecuting Authority (NPA)*2,
the courts and intelligence agencies.
The KPMG report on Zuma’s financial affairs we
are reporting on and posting to our website
makes it very
difficult for him to continue the charade.
It paints the most detailed and distressing
picture available of a kept politician, not just
unable, but unwilling to live within his means,
dependent on an array of benefactors to fund his
lifestyle and willing to grant some of them
favours in return.
The report also makes it clearer than ever that
the 2009 decision to
drop criminal charges was political rather than
legal*3.
As the Sunday Times reported a fortnight
ago, prosecutors were confident that their case
could withstand the "spy tapes" and the claim
that some of his political enemies were trying
to manage the timing of the charges to his
disadvantage. Reading the report with Judge
Hilary Squires’s damning findings in the Schabir
Shaik trial, it is hard to disagree with them:
the president has an
overwhelming case to answer.
His supporters may object that in publishing the
report now we are "attempting to influence the
outcome of Mangaung".
We are unabashed, however, in playing what we
believe is the proper role of the press -
providing the information that enables South
Africans to make informed choices in the
exercise of their rights.
That has not stopped
the state from using every tool at its disposal
to impose ignorance. When this newspaper
sought to show how Zuma’s confidant and
spokesperson, Mac Maharaj, had lied under oath
to investigators, we were threatened with
criminal prosecution and, even though we
withheld sensitive information pending court
permission to release it, the editor and two
journalists now face criminal charges.
When the Sunday Times recently sought to
publish documents showing how strongly
prosecutors had felt about their case against
Zuma, it faced an interdict attempt.
The Democratic Alliance won a Supreme Court of
Appeal order that the NPA hand over the spy
tapes so that their relevance to the legality of
the decision to drop charges could be properly
tested. Months later, both the prosecuting
authority and Zuma’s legal team are seeking ways
to avoid compliance.
We are
short-circuiting this process of denial, delay
and obfuscation by exposing the entire
report to public scrutiny.
We are doing so
without seeking prior comment from Zuma or
others named*4 in it. This is a diversion
from our usual practice and it is not one we
have undertaken lightly.
The right of reply is an important journalistic
principle and we ordinarily offer it in advance
of publication.
In this case we have decided instead to offer
full right of reply after publication, because
it has been our own experience - and that of
other newspapers - in dealing with material
emanating from the
arms deal investigation*5 that an
opportunity to comment is treated by the state
as an opportunity to prevent publication.
The press code provides that "a publication
should seek the views of the subject of serious
critical reportage in advance of publication,
provided that this need not be done where the
publication has reasonable grounds for believing
that by doing so it would be prevented from
publishing the report, or where evidence might
be destroyed or
sources intimidated*6".
Although we would have preferred
to publish comments
from those affected with the report*7, we
are convinced that the risk of being prevented
from publishing it at all was real.
We are also convinced that
the report is a
substantial and credible document, based
on an assessment of hundreds of thousands of
pages of documents obtained by investigating
authorities and conducted by experts in forensic
accounting.
We invite comment from those implicated by the
report itself and will publish it on our website
immediately.
Furthermore, we will publish in print and online
detailed responses from Zuma and others
identified in our reporting if they are
forthcoming.
This is what Judge Hilary Squires said at the
conclusion of the Shaik trial: "If Zuma could
not repay money, how else could he do so than by
providing the help of his name and political
office as and when it was asked … And Shaik must
have foreseen and, by inference, did foresee
that if he made these payments Zuma would
respond in that way. The conclusion that he
realised this, even if only after he started the
dependency of Zuma upon his contributions, seems
to us to be irresistible."
The KPMG report supplements that inference with
fresh evidence*8
for which Jacob Zuma has provided no plausible
explanation. He must now do so if he wishes to
remain in office and avoid prosecution.
With acknowledgement to Nic Dawes and Mail & Guardian.
*1
^2
Just some among them :
Leonard McCarthy
Willie Hoymeyr
Mokotedi Mpshe
Menzi Simelani
Nomgcobo Jiba
Also I'm no so sure about Bulelani Ngcuka. He
was certainly a kindred spirit on the Arms Deal
cover up, and his meddling along with his boss
Dr Penuell Maduna with the French leg of the
Arms Deal investigation effectively saw that leg
shut down and protecting there principal, Thabo
Mbeki.
Then of course these jackasses declined to
prosecute Zuma in 2003 when it was all there for
the taking.
This may only be 5 out of several hundred,
but they're all the to dogs.
*3
It was engineered by the NPA crooks and the NIA
spooks to give a faintest gossamer of
credibility to give effect to political
expediency and stooging. But that does not make
it legal.
When the facts of the matter such as the
intercept transcripts, the record of decision,
which includes the 2006 KPMG Report, as exposed,
it reverts the pantomime back to a
criminal act.
*4
The KPMG Report is a trusted source.
90% of the content of the 2006 KPMG Report
derives from the 2003 KPMG Report. That is a
tested forensic report, right up to the Supreme
Court of Appeal.
The only thing that still requires formal
testing in court is whether Zuma and the two
Thints are also criminals like their
intermediary Schabir Shaik, the greatest fakey
high voltage engineer in the world*9.
*5
*6
*7
*8
Clearly brought fresh to your breakfast table by
some concerned.
Friday's Quiz
*9
fakie fakey forensic accountant in the
world?