Zuma hits back
2008-07-24 20:33
Durban - African National Congress president Jacob Zuma has disputed the validity of the state's decision in 2005 to expand its investigations into his affairs.
This is contained in an affidavit filed in Pietermaritzburg High Court on Thursday.
It was submitted in reply to papers filed by the National Prosecuting Authority (NPA) on July 11.
In his affidavit, Zuma said the appointment of the man who authorised the extension, advocate Thanda Mngwengwe, was disputed. Therefore, he had no right to take this decision.
"I have disputed in other proceedings the appointment and authority of the person who purported to extend the investigation, allegedly on August 8 2005."
He said the State had failed to provide any documentation supporting Mngwengwe's appointment or his authority.
Laws being probed
"I therefore dispute the lawfulness or validity of the alleged extension of the investigation..."
In the NPA's July 11 answering affidavit, senior investigator at the Directorate of Special Operations (DSO), Johan du Plooy, said that a decision had been taken to investigate Zuma for fraud relating to contravention of the income tax laws - as well as Zuma's declarations made to "the Registrar of Parliamentary Members' interests, the Secretary for the Cabinet of the Government of South Africa, the SA Revenue Services, persons or entities associated with the abovementioned persons or entities, in respect of benefits received from Schabir Shaik and/or companies associated with Schabir Shaik".
Shaik, a Durban businessman and Zuma's business confidante, was convicted in June 2005 on charges of corruption and fraud.
Zuma faces 16 charges in total - one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud.
Zuma application rejected
The two South African subsidiaries of Thales International (formerly Thomson-CFS) - Thint Holding (Southern Africa) Pty Ltd and Thint (Pty) Ltd - are co-accused and each face a charge of racketeering and two counts of corruption.
On June 30, the Mauritius Supreme Court rejected an application by Zuma to be involved in a case about documents that could be used as evidence against him by the NPA.
Zuma is seeking to have the NPA's decision to prosecute him declared unlawful. The application will be heard on August 4.
- SAPA