Publication: National Prosecuting Authority Date: 2005-11-02 Reporter: Thanda Mgwengwe Reporter:

Quote of the Week : Zuma Indictment

National Prosecuting Authority

Thanda Mgwengwe
Acting Investigating Director: Directorate of Special Operations

2 November 2005

Count 2

 
Now therefore accused 2 and 3 are guilty of the crime of corruption in contravention of section 1(1)(a) read with section 3 of the Corruption Act, No 94 of 1992  
In that during the period 25 October 1995 to 18 August 2005 and at or near Durban in the district of Durban, Shaik and/or the other entities mentioned in the schedule unlawfully and corruptly gave the abovementioned schedule and/or undetermined and/or service and/or facility benefits, which were not legally due, to accused 1, upon whom the powers had been conferred and/or who had the duties as set out in the preamble, with the intention to influence accused 1 to commit and/or omit any act in relation to his powers and/or duties to further the interests of Shaik and/or the entities associated with Shaik and/or the Thomson-CSF group and/or accused 2 and/or accused 3 as set out in the preamble and/or with the intention to reward Zuma because he so acted in excess of such powers or any neglect of such duties, as set out in the preamble
 
And in that accused 2 and 3, during the period September 1997 to 18 August 2005, and at or near Durban in the district of Durban and/or Lynnwood and/or Waterkloof in the district of Pretoria and/or Midrand in the district of Sandton and/or London in the United Kingdom and/or Paris, France and/or at other places both within and outside the Republic unknown to the State, wrongfully and unlawfully and corruptly associated themselves with and/or relied on the said benefits to accused 1 as a means to obtain the said assistance from accused 1 in respect of the ADS dispute as mentioned above, for the benefit of accused 2 and 3 and the Thomson-CSF group
 
And/or in that accused 2 and 3, during the period and at the places aforementioned, wrongfully and unlawfully and corruptly assisted Shaik and/or the other entities mentioned in the schedule to maintain the said benefits to accused 1, by joining with Shaik in obtaining accused 1’s approval for the partnership between Shaik and Nkobi Investments, on the one hand, and accused 3, on the other hand, in the ADS acquisition as described in the preamble, and thereby ensuring the survival of the Nkobi group and ensuring that Shaik and the Nkobi group would be sufficiently in funds derived from future ADS dividends to give the said benefits to accused 1
 
And/or in that accused 2 and 3 wrongfully and unlawfully and corruptly and with the intention of preventing the said corrupt benefits from being discovered, agreed to make the annual payments to accused 1 as described in the preamble.

With acknowledgement to the NPA.