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.