Mbeki files responding affidavit

Former president Thabo Mbeki has sworn under oath that he never plotted against Jacob Zuma - or interfered in the Scorpions's case against National Police Commissioner Jackie Selebi.

And, seemingly undeterred by Zuma's attack on his bid to have his name cleared by the Constitutional Court, he has dared the ANC president to publicly debate with him the reasons for his being recalled as president of the country.

In his responding affidavit to papers filed by Zuma and the National Prosecuting Authority (NPA) opposing his bid in the Constitutional Court, Mbeki yesterday maintained that Judge Chris Nicholson's inference that he had meddled in Zuma's fraud and corruption prosecution had cost him his job and put him in danger of criminal prosecution, forcing him to turn to South Africa's highest court for help.

Yesterday was the deadline for Mbeki's lawyers to reply to Zuma and the NPA, who are opposing his appeal against parts of Nicholson's ruling in the Pietermaritzburg High Court.

"I deny that the charges preferred against Zuma have been fuelled by a political conspiracy to remove him as a potential presidential candidate or as a role player in the ANC.

"I bear no knowledge of any political pressure, influence and/or manipulation by members of government in December 2007 in encouraging the prosecution of Zuma. I certainly did not apply any such pressure, influence or engage in any such manipulation.

"I can confirm that there is no truth to the rumours or allegations of political influence or of a political conspiracy against Zuma," he stated.

Addressing Zuma's hints that his continued prosecution could uncover deep corruption related to the government's controversial arms deal, Mbeki stated: "Neither I nor the national executive ever understood the investigation of the (National) Prosecuting Authority into Zuma to be part of the 'arms deal' investigation.

"We understood the investigation into Zuma to be an investigation relating to his personal activities which were alleged to constitute criminal offences," he said.

In a bid to deal with Zuma's opposition to his challenge to Nicholson's finding against him, Mbeki has explicitly denied the "conspiracy" allegations made against him.

He yesterday rejected Zuma's claims that he had met with then-prosecuting head Vusi Pikoli in Chile to discuss the NPA's decision to charge Zuma, following the corruption conviction of Zuma's former financial adviser Schabir Shaik.

"I deny that Mr Pikoli briefed me on this matter on my visit to Chile. My visit to Chile was unrelated to Mr Pikoli's visit," he said.

"We did not even travel together. I deny that I had a discussion with Mr Pikoli concerning the prosecution of Zuma."

While Nicholson found support for Zuma's "political meddling" claims in the evidence heard in the Ginwala Inquiry into Pikoli's fitness to hold office, Mbeki submitted that such evidence was "irrelevant" to the case before the judge.

The former president insisted he had become involved in the Selebi matter only because Pikoli had asked him to.

"It was at his (Pikoli's) instance that I got involved in the matter and appointed Rev Frank Chikane to assist Mr Pikoli with regard to Mr Selebi and the South African Police Service furnishing certain information to the investigators," he said.

He further claimed that the evidence before the inquiry, which examined Mbeki's involvement in the Scorpions's case against Selebi, had shown that acting prosecuting head Mokotedi Mpshe had independently decided to appoint a panel to evaluate the case against Selebi.

Zuma's attorney, Michael Hulley, had earlier suggested that the Presidency instructed Mpshe to conduct the review.

Mbeki also denied claims by Hulley that he was aware of Zuma's much-publicised plot claims against the NPA and Presidency but had chosen not to respond to them in court.

He further explained that he and his office were never given notice that he could provide input concerning Zuma's wrangles with the state.

"I certainly did not consciously and deliberately choose not to deal with these matters as alleged," he said.

"It would have been simple for any party requiring my presence to serve the necessary papers on me.

"I… fail to understand why Zuma did not take the necessary legal steps to secure my presence."

The Constitutional Court is currently considering whether it will hear Mbeki's application.

With acknowledgements to Karyn Maughan and Cape Argus.