Publication: Business Day Issued: Date: 2009-04-06 Reporter:

The NPA and Zuma: who did what and when ... the role players 

 

Publication 

Business Day

Date 2009-04-06
Web Link www.bday.co.za



THABO MBEKI: In 2005, Mbeki removed Jacob Zuma from his post as deputy state president , after he was implicated in his ally Schabir Shaik’s corruption conviction. Although barred by the constitution from seeking a third term as state president, Mbeki in 2007 entered the race for a third term as African National Congress (ANC) president (no party term limit exists).

Zuma won the party race . Mbeki formally announced his resignation as head of state in September last year. This came a few days after the Pietermaritzburg High Court declared corruption charges against Zuma invalid. Judge Chris Nicholson found that the executive had meddled in the Zuma matter, and that Mbeki should be held responsible. That ruling was later overturned by the Supreme Court of Appeal. Mbeki is now an African Union envoy to Sudan’s Darfur conflict.

BULELANI NGCUKA: Prior to his appointment as the founding head of the National Prosecuting Authority (NPA), the then Democratic Party opposed his appointment on the grounds that he was too involved in the ANC to exercise judicial independence. Allegations against Zuma trace back to 2001 when Mbeki ordered the auditor-general, the NPA and the public protector to investigate claims made by Patricia de Lille in Parliament in 1999. While 24 individuals and 68 statutory bodies were probed by the Joint Investigation Team, its report, published in 2001, concluded that there was “no evidence of improper or unlawful conduct on the part of the government in the arms deal”. In August 2003, Ngcuka concluded his investigation into Zuma’s finances, stating that there was prima facie evidence of corruption, but this was insufficient to win the case. Ngcuka now chairs construction company Basil Read .

VUSI PIKOLI: In 2005, Pikoli replaced Ngcuka, who quit after much criticism, particularly over his handling of the Zuma matter. It was Pikoli who took the initial decision to prosecute Zuma. That case was struck off the roll in 2006 by Pietermaritzburg High Court judge Herbert Msimang, following numerous delays. Pikoli was suspended by Mbeki in 2007, a decision later endorsed by President Kgalema Motlanthe. He is challenging his axing in the Pretoria High Court.

MOKOTEDI MPSHE: The acting NPA head, appointed by Mbeki following Pikoli’s suspension in 2007, has been a thorn in Zuma’s side. Mpshe decided to charge Zuma again , a fact he announced in an SABC radio interview, two days after Zuma was elected president of the ANC in December 2007. Mpshe has also stated that Nicholson’s judgment, which declared that the executive had interfered in the Zuma case, was tantamount to abuse of power. It is unclear if Mpshe is in the running to be permanently appointed to his current role. Hajra Omarjee

With acknowledgements to Business Day.