Zuma 'not in the clear'
by
2008-07-11 14:53
Durban - African National Congress president Jacob Zuma's recent settlement with the South African Revenue Service (SARS) does not necessarily clear him "after years of delinquency", the National Prosecuting Authority said in papers on Friday.
The NPA's answering affidavit was lodged with the Pietermaritzburg High Court in response to Zuma's application to have its decision to prosecute him declared unconstitutional.
In the answering affidavit, senior investigator at the Directorate of Special Operations (DSO), Johan du Plooy wrote: "I observe that the 'regularisation' of his tax affairs after years of delinquency does not exculpate him any more than a thief who repays the stolen money, or a shop-lifter who attempts to replace the stolen goods on the shelf after he is caught."
Du Plooy pointed out that Zuma had settled with Sars "after his indictment on the present charges".
Zuma claimed his settlement with Sars was "reached without any admission of criminal conduct on my part and on the basis that it disposes of and resolves all liability in respect of the said tax issues -- both criminal and civil liability".
'Prying' into his financial affairs
Zuma said that the NPA should have been aware of his discussions with Sars representatives since it had been "prying" into his financial affairs "and indeed resorted to spying on me using intelligence gathering methods not authorised by any competent body".
Du Plooy rejected the spying allegations, saying that "we were unaware of any impending settlement of his outstanding taxes. This appears to have been a recent development".
He said that the NPA had not received a copy of an agreement or proof of payment.
Referring to the decision to try Zuma, Du Plooy said: "I submit that the most pressing interest involved is to have the guilt or innocence of a person who aspires to the highest office of the land definitively determined in a court of law. The granting of this application would only serve to delay this end."
Zuma's application is expected to be heard in the Pietermaritzburg High Court on August 4 and 5.