Zuma was subject of smear campaign: court papers

2015-04-16 11:03

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President Jacob Zuma was the subject of a smear campaign in the media because he had become the “unacceptable face of Africa” and it was a “myth” for the Democratic Alliance to claim that Zuma desperately wanted a day in court.

This is according to an explosive affidavit filed by Zuma’s lawyer, Michael Hulley, in the so-called spy tapes case. In it, he called the DA’s attempt to review the National Prosecuting Authority’s decision to drop corruption charges against Zuma “fatally and deeply flawed”.

In Hulley’s affidavit he argued that the DA’s case assumes that the decision to drop corruption charges against Zuma was based solely on the spy tapes but it was actually based on Zuma’s representations to the NPA as to why charges against him should be dropped.

“The tapes must be considered in their context and their place in the representations.”

Hulley argued that the DA had accepted that these representations were confidential and that the fact that they did not challenge this confidentially was fatal to their case.

Hulley mentioned the Browse Mole report, delays in the prosecution and press leakages designed to denigrate the president, that all overwhelmingly support former acting NPA head Mokotedi Mpshe’s decision to drop corruption charges against Zuma.

“He [Zuma] had a very distinguished record in the service of the ANC. He was, however, regarded by many as the unacceptable face of Africa and by 2002, the [Thabo] Mbeki faction [supporters of the then president] were determined that Zuma should not become the president of the ANC or of [South Africa].”

Hulley went on to record that Zuma was convinced that leaks came from the office of the Scorpions.

Hulley also argued that the DA “makes unsubstantiated general assumptions in their case” such as the fact that Zuma wanted a day in court to clear his name.

“The myth that Zuma desperately wants to be charged has become a mantra of the anti-Zuma camps and the DA. That contention is certainly not based on any fact postdating 2003.”

Hulley later explained that although Zuma did challenge the NPA to prosecute him in 2003 he was much younger then and did not want to go into the Polokwane conference with charges hanging over his head.

Hulley also dismissed as “quite untenable” the DA’s attempt to argue that the prosecutors responsible for Zuma’s case were not involved in the manipulation of the criminal prosecution.

“It is very easy to be self-righteous as an individual who cannot even begin to see himself in the position of the accused. From an accused’s perspective, he is confronted by the NPA and an NPA intent on his conviction. It is no solace that some individuals may have been blameless or even fair”.

Hulley argued that the former Scorpions head Leonard McCarthy was a powerful individual who played a pivotal and powerful role in Zuma’s prosecution, not just a trivial actor.

“His trivial interferences would have had Mbeki as a leader of the ANC and most likely a puppet president installed.”

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