'Conspiracy not-far fetched'
2008-09-12 12:55
Pietermaritzburg - Judge Chris Nicholson, who set aside the decision to prosecute ruling party leader Jacob Zuma on Friday, said claims of a political conspiracy were perhaps not as far-fetched as some believed.
"I am... not convinced that the applicant was incorrect in averring political meddling in his prosecution," said Nicholson.
He ruled that the decision to prosecute Zuma on fraud and corruption charges was invalid because the State did not consult Zuma before it prosecuted him.
"I believe the NDPP [National Directorate of Public Prosecutions] ought to have heard the applicant's representation," said Nicholson.
Thousands of supporters cheered outside the court when news of the verdict was broadcast.
Inside the court, Zuma, who listened attentively throughout the judgment which started at 10:00, was congratulated by people queuing to shake his hand.
Procedural points
Stressing that it was not a judgment on his guilt or innocence, Nicholson said Zuma's claims that there were political undercurrents in his prosecution were not completely unbelievable.
"This application has nothing to do with the guilt of the applicant. It deals only with the procedural points," said Nicholson.
He criticised former justice minister Penuell Maduna's close involvement with former prosecutions boss Bulelani Ngcuka in the early stages of the investigation and asked whether Maduna was on a "frolic of his own".
The judge found it startling that Ngcuka had thanked Maduna for his support at a press conference, given the total independence of the NDPP.
Zuma faced a charge each of racketeering and money laundering, two charges of corruption and 12 charges of fraud related to the multi-billion rand government arms deal.
He was charged in 2005, but that case was struck from the roll in 2006. He was re-charged in December 2007.
A charge of racketeering and two counts of corruption are also faced by two Thint companies - Thint Holding (Southern Africa) Pty Ltd and Thint (Pty) Ltd - the South African subsidiaries of the French arms manufacturer Thales International (formerly Thomson-CFS).
- SAPA