Publication: Sunday Independent Issued: Date: 2009-04-06 Reporter: Angela Quintal Reporter: Karyn Maughan

Will NPA give Zuma an early birthday present?

 

Publication  Sunday Independent
Date

2009-04-06
Reporter Angela Quintal, Karyn Maughan

Web Link

www.sundayindependent.co.za


Related Articles

It has been described by close aides to the African National Congress president as an early birthday gift for Jacob Zuma, who turns 67 on Easter Sunday.

On Monday, the state was due to controversially drop criminal charges against the man likely to become South Africa's president and who has consistently claimed a political conspiracy behind his prosecution for corruption, fraud, racketeering and tax evasion.

Zuma's lawyers were already informed last week that charges would be dropped, while acting prosecutions boss Mokotedi Mpshe also informed Justice Minister Enver Surty as a courtesy on Friday morning.

Zuma was due to watch the formal announcement live on television at the ANC's Johannesburg headquarters.

He was to be joined by the rest of the party's top six officials at his Luthuli House office, and was set to make a statement on public radio and TV immediately after the National Prosecuting Authority's 11am press conference.

The DA's Helen Zille and ID's Patricia de Lille announced on Sunday that they would insist on gaining access to the NPA's conference, despite the view that politicians would be barred.

"We submit with respect that this is not a rally or a debate session with political parties. None of the political parties have been invited," said NPA spokesperson Tlali Tlali.

On Zille's threatened court action if charges are dropped, her spokesperson, Frits de Klerk, said it remained an option.

COPE's youth league - who on Friday handed over a memorandum to Tlali decrying "the NPA's decision to allow Jacob Zuma to escape the hands of the law" - held a vigil outside the NPA's Pretoria office on Sunday night.

Meanwhile, the NPA planned to show a united front, in spite of the deep divisions over Mpshe's decision.

State advocates Billy Downer and Anton Steynberg, who are opposed to the decision, were due to be present, but would not respond to questions, according to Tlali.

The Star has learnt that Downer last week approached senior counsel Wim Trengove to assist in drafting a statement about why the prosecution should stand.

Mpshe was to make the announcement and field questions, along with deputy national directors of public prosecutions Willie Hofmeyr and Silas Ramaite.

Scorpions boss Sibongile Mzinyathi - who with Hofmeyr listened to the damaging "spygate" recordings, allegedly pointing to executive interference in the Zuma prosecution - were also to be present.

Others watching the announcement with keen interest include former president Thabo Mbeki, who returned from Sudan at the weekend, as well as former NPA boss Bulelani Ngcuka. Both are alleged to have been part of the alleged conspiracy against Zuma, along with former Scorpions boss Leonard McCarthy and other prominent South Africans.

It remains to be seen whether those involved in the alleged political conspiracy will face criminal charges after a police probe.

It is claimed that some of the damning evidence is contained in intercepted recordings of conversations that McCarthy had with prominent individuals, including Ngcuka and Mbeki. The phone taps are alleged by police sources to have been part of a legal interception of Scorpions Gauteng boss Gerrie Nel, who was under police investigation, and those close to him, including McCarthy.

How these landed in the hands of Zuma's legal team, which is in itself illegal, remains a mystery.

The Sunday Independent reported that Mbeki's conversation with McCarthy was picked up when the president used then justice minister Brigitte Mabandla's cellphone to talk to him. Mabandla has denied this.

It is in this conversation where McCarthy is said to have proclaimed "You will always be my president". It is claimed that the conversation about McCarthy joining the World Bank was taken out of context, especially the latter phrase.

"It is clear to everyone that they are intent on dropping charges, and people need to conjure up something," a former Mbeki aide said at the weekend. Moreover, the NPA did not have the recordings in its possession and yet was prepared to drop the charges without having tested their authenticity, he added.

"It's a smokescreen, really," the former aide replied when asked whether Mbeki had been questioned by the NPA. "No one has spoken to the former president."

Ngcuka, who was approached by the NPA during its verification process, also denied the allegations. It is understood that Ngcuka specifically asked Mpshe, who decided to charge Zuma in 2007, whether Mbeki had influenced him.

The ex-NPA boss also wanted to know whether any of the NPA investigators had made an affidavit alleging they were influenced.

Meanwhile, McCarthy continued to ignore requests for comment, although the Sunday Times reported on Sunday that he believed written questions from the NPA amounted to "an ambush".

With acknowledgements to Angela Quintal, Karyn Maughan and Sunday Independent.