Publication: Cape Times Issued: Date: 2009-04-06 Reporter: Angela Quintal Reporter:

NPA news conference: same old story but with a fresh twist

 

Publication 

Cape Times

Date

2009-04-06

Reporter Angela Quintal
Web Link www.capetimes.co.za


There will be a feeling of déjà vu for many today when the National Prosecuting Authority (NPA) formally announces its decision to drop charges against ANC president Jacob Zuma.

In August 2003, then-NPA boss Bulelani Ngcuka, also held a press conference to inform the nation.

With Justice Minister Penuell Maduna at his side, Ngcuka controversially announced that Zuma - then the deputy president of South Africa - would not be prosecuted, although his financial adviser Schabir Shaik would be charged with corruption.

The investigating team had recommended that Zuma be criminally charged.

"We have concluded that while there is a prima facie case of corruption against the deputy president, our prospects of success are not strong enough," Ngcuka said. "That means that we are not sure if we have a winnable case. Accordingly, we have decided not to prosecute the deputy president."

Maduna told reporters that it was a "sad moment" to learn from Ngcuka that the deputy president probably had a case to answer. He would not speculate on the effect this might have on Zuma's political career.

It was not contemplated that Zuma would fight back, become ANC president and the man who would eventually become head of state.

Fast forward to today's announcement, almost five years and six months later.

Acting prosecutions boss Mokotedi Mpshe is not about to repeat the same mistakes.

Justice Minister Enver Surty, whom Mpshe met on Friday morning to inform him of his decision, will not be at his side.

Nor will the NPA allow any other politicians in the venue, including DA leader Helen Zille, who is barred from the press conference.

The NPA plans to show a united front to the world, despite the deep divisions about the decision.

Mpshe will be supported by his management team, including Deputy National Directors of Public Prosecutions Willie Hofmeyr and Silas Ramaite.

Again the Zuma prosecuting team of Billy Downer and Anton Steynberg, who argued strongly last week against the dropping of charges, will see their case being discarded.

It is understood they want Mpshe to make it clear that the charges are not being dropped because the State does not have a strong case against Zuma.

How Mpshe plans to make such an announcement while avoiding the pitfalls that faced Ngcuka last time around remains to be seen. The ANC has insisted that Zuma not be left with a cloud over his head, as he was in August 2003.

It is understood that the NPA statement has been "lawyered" to ensure that no party is in a position to take Mpshe's decision under review or find reason to complain to the public protector or find other grounds for legal action.

This includes those alleged by Zuma's legal team to have been at the centre of what they have argued was a political conspiracy against Zuma - including former Scorpions boss Leonard McCarthy, Ngcuka and former president Thabo Mbeki.

With just over two weeks to the election that is likely to see Zuma become South African president, the ANC leader will not merely issue a statement this time around.

It is understood that his press conference, straight after today's announcement, is to be carried live on SABC.

With acknowledgements to Angela Quintal and Cape Times.