Zuma prosecution not a plot, says NPA

2008-07-11 00:00

The National Prosecuting Authority says it intends to proceed with its prosecution of Jacob Zuma “without fear, favour or prejudice”, and vehemently denies the prosecution is aimed at preventing his presidency.

Directorate of Special Operations and NPA senior special investigator Johan du Plooy said in papers filed in the Pietermaritzburg High Court yesterday that it is of the “most pressing interest to have the guilt or innocence of a person who aspires to the highest office in the land definitively determined in a court of law”.

The granting of Zuma’s latest application to declare the NPA’s decisions (of June 2005 and December 2007) invalid and unconstitutional will only serve to delay this end, he added.

In an affidavit filed last month, Zuma accused the NPA of having a “grim resolve irrespective of the facts and circumstances” to prosecute him and so prevent his presidency since the earlier strategy to denounce him publicly “as a crook” did not have the desired effect.

Du Plooy said this allegation is “vehemently denied”, is unsubstantiated and also “entirely irrelevant to the present proceedings”.

Suggestions by Zuma that the NPA leaked information of his pending prosecution to the press before the ANC’s Polokwane conference are also denied.

Du Plooy said the information was contained in papers filed in the Constitutional Court on a date determined by the chief justice, and was in “no way related to the impending events at Polokwane”.

He submitted that the current application, to be heard on August 4 and 5, does not amount to a reconsideration or review of any previous decision to prosecute Zuma.

Zuma contends that he had a legitimate expectation to be afforded an opportunity to make representations before the NPA’s decision to prosecute him.

The NPA disputes it ever refused him an opportunity to do so, but maintains it was not obliged to invite representations from Zuma.

Du Plooy submitted that the state’s case against Zuma “rests on an extensive mosaic of intertwining evidence”, much of it in the form of documents and financial evidence. The fact that Zuma might put forward facts that cast doubt on “one or other aspect of the case” is unlikely to detract from the evidence as a whole, he added.

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