|
NPA: We're ready
20/12/2007 20:12 - (SA)
Polokwane - The National Prosecuting Authority is closer to making a decision on whether or not to go ahead with renewed corruption charges against ANC president Jacob Zuma, spokesperson Tlali Tlali said on Thursday.
"We are ready to make a final decision. The investigations have been carried out," he said.
The charges, thrown out of court last year without a hearing, centre on his relationship with businessman and struggle comrade Schabir Shaik, who was found guilty in 2005 of soliciting an arms company bribe for Zuma and jailed for an effective 15 years.
President Thabo Mbeki sacked Zuma as deputy president soon after the Shaik verdict, sparking massive support for Zuma and open criticism of Mbeki, who was ousted as ANC leader at its national conference in Polokwane on Tuesday.
Initial corruption charges were dropped against Zuma last year as the state said it wasn't ready to prosecute him, causing a massive outcry.
The NPA's Directorate of Special Operations (DSO), known as the Scorpions has come under criticism for dragging the matter out and leaving a cloud hanging over Zuma's head.
Stop-start case
Zuma is currently challenging aspects of the search and seizure raids related to the investigation against him, in the Constitutional Court.
The NPA filed answering affidavits two days after the court's deadline but have applied for the late filing to be condoned, said Tlali.
Tlali could not say when the decision would be finalised - but when asked how the NPA's latest announcement would be different from previous announcements in the stop-start case, Tlali said: "Things are not what they were then."
Papers filed last week in the Constitutional Court by the National Director of Public Prosecutions, suggest confidence in its ability to successfully prosecute Zuma.
Senior investigator at the Directorate of Special Operations (DSO), Johan du Plooy said in an answering affidavit dated December 13 that Zuma and Thint companies have little chance of successfully contesting the validity of search warrants carried out in 2005.
"Even if the court were to hold that the search warrants or searches were deficient it can and should make an order preserving the evidence obtained, so that it is available for a future prosecution.
"The state's transgressions if any, were legal-technical - for example, obtaining search warrants which are found to be vague or overbroad in some respects," said Du Plooy.
He said the scope of a possible case against Zuma had grown, due to new evidence.
"The new evidence obtained during and after the Shaik trial, though as yet untested in a trial (unlike the old evidence) is substantial and affects the essence of any future prosecution.
Alleged payments continued to June 2005
"The extent and gravity of the charges has grown compared to the two charges of corruption and the fraud charge (with alternatives) on which Mr Shaik was convicted."
Du Plooy said previously it seemed Zuma received payments from Shaik and Nkobi companies up to September 2002 of around R1.2m.
"The new documents have revealed that the alleged corrupt payments continued to at least June 2005 in the aggregate amount of R4 072 499.85 for the whole period of 1995 to June 2005."
He said new documents also indicated that there were 125 more payments to Zuma made than originally presented as evidence in the Shaik trial.
"Further substantial payments totalling more than R800 000 had not been discovered on the basis of the old documents."
Du Plooy said evidence allegedly indicated Zuma had not declared a taxable income of about R2.8m and had allegedly also evaded taxation on over a million rand over the period 1995 to 2004.
"The accumulation of all the new evidence obtained as a result of the 2005 searches and the further investigation pursuant to the new documents and perspectives, together with the consequent re-analysis of the old documents and evidence, provides a firm basis for the institution of a prosecution," said Du Plooy.
"This is not a run of the mill case. it is vast," he said in the affidavit.
The ANC's newly elected deputy Kgalema Motlanthe said during the ANC's national conference in Polokwane, that the possibility of renewed charges against Zuma were very difficult for the party.
"The issue of comrade Jacob Zuma facing fresh charges is very difficult to deal with, for the simple reason that many people can face allegations at some point or the other," he said.
"The prosecution will have a second bite at him and we will see how that pans out," he said.
At a news conference on Thursday, Zuma complained that he was being tried in the media.
"There was an investigation which was conducted publicly against me, I was threatened to be charged in public, there were things said about me by those investigating," he said. "My problem was, `Why are these things being said in public? If I have a case to answer, then take me to court."
Zuma has consistently denied the allegations and said he is being pursued by prosecutors for political reasons.
|
News
