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Timeline: Zuma court decision

2009-01-09 15:36

Bloemfontein - The Supreme Court of Appeal hands down judgment in Bloemfontein on Monday in an appeal lodged by the National Director of Public Prosecutions.

The NDPP is appealing against the September 2008 ruling by Pietermaritzburg High Court Judge Chris Nicholson which effectively halted the prosecution of ruling party leader Jacob Zuma.

Here is a timeline of events leading up to the appeal case alongside quotes marking the major moments.

August 2003

National prosecutions boss Bulelani Ngcuka says there is a prima facie case of corruption against Zuma, but he would not be charged alongside his financial adviser Schabir Shaik.

October 2004

Shaik pleads not guilty to charges of corruption and fraud.

June 2, 2005

Judge Hilary Squires finds Shaik guilty of corruption and fraud.

"I do not think I am overstating anything when I say that this phenomenon [of corruption] can truly be likened to a cancer eating away remorselessly at the fabric of corporate privacy and extending its baleful effect into all aspects of administrative functions, whether state official or private sector manager," Squires said while handing down his judgment.

"If it is not checked, it becomes systemic. And the after-effects of systemic corruption can quite readily extend to the corrosion of any confidence in the integrity of anyone who has a duty to discharge, especially a duty to discharge to the public."

June 14, 2005

President Thabo Mbeki sacks Zuma as deputy president of the country.

"I've come to the conclusion that the circumstances dictate that in the interests of the honourable deputy president, the government and our young democratic system... it will be best to release honourable Jacob Zuma from his responsibilities as deputy president of the republic and member of the cabinet," Mbeki told a joint session of Parliament.

June 20, 2005

National prosecutions boss Vusi Pikoli announces that Zuma will be charged with two counts of corruption.

"We have decided to bring criminal charges against former deputy president Jacob Zuma, among them two counts of corruption," said NPA spokesperson Makhosini Nkosi.

June 21, 2005

Zuma says he welcomes the decision to charge him.

"I welcome this decision as it affords me an opportunity to respond to, and clarify, the allegations that have been made against me over a period of time."

June 29, 2005

Zuma appears in the Durban Magistrate's Court on two graft charges.

August 2005

The offices of French arms company Thint, the offices of Zuma's attorney, Michael Hulley, and Zuma's homes and former offices are raided.

September 2006

Judge Herbert Msimang strikes Zuma's case off the roll, saying he had "no choice" after the prosecution said it was not ready to proceed.

Msimang said the state's case had "limped from one disaster to another".

November 2006

A bench of five judges in the Supreme Court of Appeal rejects Shaik's bid to appeal.

October 2007

The Constitutional Court rejects Shaik's bid to appeal his conviction and 15-year sentence.

November 2007

The Supreme Court of Appeal rules in favour of the NPA in the case relating to various search and seizure raids in the Zuma case, including the obtaining of the personal diary of a senior member of the French arms company.

December 19, 2007

Zuma beats Mbeki in the ANC leadership race.

December 28, 2007

Zuma is served with papers to appear in court on corruption charges.

"Today, December 28 2007, the Directorate of Special Operations [Scorpions] served on Mr Jacob Zuma an indictment to stand trial in the high court on various counts of racketeering, money laundering, corruption and fraud," Zuma's lawyer, Michael Hulley, said in an e-mail.

March 2008

Zuma and Thint appeal to the Constitutional Court against the Supreme Court of Appeal ruling in favour of the NPA.

April 2008

The Constitutional Court dismisses Shaik's appeal against the validity of a confiscation order regarding R33m of Shaik and his companies' assets.

July 2008

The Constitutional Court rules in favour of the NPA in the Zuma-Thint appeal.

September 12, 2008

Judge Chris Nicholson rules in the Pietermaritzburg High Court that Zuma was entitled to make representations before the NDPP decided to re-charge him, effectively halting his prosecution.

"The obligation to hear representations forms part of the audi alteram partem principle. What is required is that a person who may be adversely affected by a decision be given an opportunity to make representations with a view to procuring a favourable result.

"The affected person should usually be informed of the gist or the substance of the case, which he is to answer," said Nicholson.

He also said he could not exclude the possibility of political interference in the decision to re-charge Zuma.

"I am... not convinced that the applicant (Zuma) was incorrect in averring political meddling in his prosecution," said Nicholson.

September 20, 2008

The ANC announces that Mbeki will be recalled from office.

"The ANC has decided to recall the president of the republic before his mandate has expired," said ANC secretary general Gwede Mantashe.

September 22, 2008

Mbeki, after nine-and-a-half years in office, announces his resignation in a 15-minute television address.

"I would like to say that gloom and despondency have never defeated adversity. Trying times need courage and resilience," he said.

September 23, 2008

Mbeki applies for leave to appeal the Nicholson ruling in the Constitutional Court.

"It was improper for the court to make such far-reaching 'vexatious, scandalous and prejudicial' findings concerning me, to be judged and condemned on the basis of the findings in the Zuma matter.

"The interests of justice, in my respectful submission would demand that the matter be rectified," said Mbeki.

"These adverse findings have led to my being recalled by my political party, the ANC - a request I have acceded to as a committed and loyal member of the ANC for the past 52 years. I fear that if not rectified, I might suffer further prejudice."

November 11, 2008

The Constitutional Court dismisses Mbeki's application, saying it would not be in the interest of justice to hear the case because the NDPP was already in the process of appealing the Nicholson ruling.

November 28, 2008

The Supreme Court of Appeal hears the NDPP appeal against the Nicholson ruling.

- SAPA

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