He'll hear his fate soon, but Zuma must wait until new year

Deputy ANC president Jacob Zuma is set to contest the election in Polokwane as a "free man", after the National Prosecuting Authority indicated that a decision on whether to prosecute him would be made only in the new year.

Acting National Director of Public Prosecutions Mokotedi Mpshe said at the weekend that a decision would be made within two months.

However, in a clear indication that a decision on national Police Commissioner Jackie Selebi was imminent, he said that case would "be quicker".

Selebi is expected to hear his fate after Justice Minister Brigitte Mabandla arrives back in the country on Wednesday.

Justice and Constitutional Affairs Director-General Advocate Menzi Simelane said no decisions would be taken until Mabandla had met Mpshe.

The two are to discuss a report Mpshe received on Thursday from a panel set up to review the Scorpions' case against Selebi.

A security source told The Star last week: "The panel is unlikely to contradict the (Scorpions') work."

Earlier, the SABC quoted Mpshe as saying: "The decision on Selebi would be easier."

On Zuma, he said the case might take up to, but no longer than, two months because more evidence would be needed to assess the case against him.

An NPA spokesperson last week said the buck stopped with Mpshe, who did not have to consult President Thabo Mbeki.

Mbeki, in an exclusive interview with The Star, avoided any allegations of interference. This follows the controversy over his suspension of NPA boss Vusi Pikoli, whose fitness to hold office is now the subject of the Ginwala inquiry, amid accusations that he was a scapegoat because he had moved against Selebi.

On whether the NPA had reported back to him, Mbeki told The Star: "No, they haven't. I mean, they wouldn't." He said he was not aware of the review panel's progress.

The NPA's legal victory in the Supreme Court of Appeal last month has paved the way for the state to add charges of tax evasion and money-laundering to the fraud and corruption counts Zuma faced in his previously aborted trial.

In a three-two split, the court found that the Scorpions' controversial August 2005 raids on Zuma and his attorney Michael Hulley's homes and offices were valid. This allowed the state to use against Zuma a KPMG audit compiled from the 93 000 documents seized during those raids.

The audit is understood to reveal that, up to August 2005, Zuma received R3,5-million from convicted fraudster Schabir Shaik.

It forms the basis of any new charges Zuma will face.

Hulley last week launched a Constitutional Court challenge to the appeal court's judgment.

The state is expected to respond within three weeks. Should Selebi be charged, it could be seen as a way to politically manage any fallout from an impending Zuma prosecution it could be argued an Mbeki ally was also under fire and the NPA could not be accused of taking sides.

Based on the NPA's quashed arrest warrant against Selebi, the police boss is expected to face charges of corruption, racketeering and defeating the ends of justice - some of which relate to his friendship with Glenn Agliotti, an accused linked to Brett Kebble's death.

Clint Nassif, Kebble's ex-security boss, has also claimed in an unsigned affidavit that Kebble was set to pay Selebi up to R13-million for protection against the Scorpions.

Nassif claims he learnt of the agreement with Selebi through Agliotti the only man who can provide direct evidence about whether the payments of between R12-million and R13-million were made.

Selebi has always denied all criminal claims against him.