NPA: Hulley didn’t comply with court order

2012-10-19 10:21

Johannesburg - The National Prosecuting Authority has blamed President Jacob Zuma's lawyer for its failure to comply with a court order to hand over the so-called Zuma spy tapes, The Star reported on Friday.

In an affidavit, acting NPA boss Nomgcobo Jiba said she could not be held accountable for not complying with the order by the Supreme Court of Appeal, as a full transcript of the secret recordings had been in the possession of Zuma's lawyer, Michael Hulley, since April 25.

The SCA ordered the NPA to produce a record of the "documents and materials", including any that informed the decision by then acting prosecutions chief Mokotedi Mpshe to drop charges of racketeering, corruption, fraud and money laundering against Zuma before the 2009 election.

Jiba's affidavit says Hulley believes the transcript should remain under wraps, according to the newspaper.

The SCA order allowed for representations made on Zuma's behalf and responses to them to be excluded if this would breach confidentiality.

It imposed a 14-day deadline for the NPA to hand over the "reduced record".

In September, the Democratic Alliance made an application in the North Gauteng High Court asking for an order to compel the NPA to comply with it, and for Jiba to show why she was not in contempt.
Zuma is a respondent in the action.

  • jan.plank.35 - 2012-10-19 10:37

    Arrest the whole rotten lot of them. Hully must go to jail and Jiba. How dare they defy a court order.

      walter.o.latham - 2012-10-19 10:53

      Wait until Zuma's term comes to an end - hopefully at Mangaung soon. The knives will be out and it could very well result with a trial for corruption, amongst other things.

      art5SA - 2012-10-19 18:11

      Those 783 charges will "SUDDENLY" come to the fore... once he is KICKED OUT of his current position... His enemies will make sure he does not go on the "COME BACK" trail....

  • John.Yossarian22 - 2012-10-19 10:41

    The suspicion grows that these tapes either don't exist, or do not justify Mpshe's decision not to prosecute Jacob 783.

      saintbruce.bruce - 2012-11-20 14:34

      So why doesn't the NPA order the SAPS to effect a search and seize operation against Mr Hulley to enforce the court order? Simple process of law. If Hulley resists, take him down!

  • beverly.young3 - 2012-10-19 10:43

    OY! imagine the consternation in the ranks? These people are weaving a myriad of lies, excuses and 'hidden agendas' in a big way. That judge ? is under fire as he too tried to influence that Zuma fraud. @ jan and bob.....I agree with you, and "how dare they"? easy they are the ruling party. As bobe used to say, "follow the money"....

  • andrew.mackie.90 - 2012-10-19 10:49

    Does hulley believe he is above the law? Mr Hulley please inform us the taxpaying citizens why this important transcript should remain under wraps? As a respondent why has Zuma not instructed Hulley to hand over the required data? It is becoming more apparent that the process of law is being ignored and leads the public to believe more corruption has occurred.

  • Andrea - 2012-10-19 10:52

    The difference between SA and USA : the US Govt have had and are still having numerous conspiracies but their people are clever enough to hide their wrongdoings awfully well. We have the cadres.

  • atholl.canterbury - 2012-10-19 10:56

    IF '... Hulley believes the transcript should remain under wraps ..' THEN Hulley is in contempt of the SCA Court Order. Hulley cannot determine the admissibility of evidence especially when : ... the recordings infringed on the right to privacy of the 'secretly recorded persons' ... possession of the recordings is a criminal offense and does not fall under 'legal privilege'. Arrest Hulley and charge him with contempt of court.

  • hermann.hanekom - 2012-10-19 10:58

    Just waiting for the news that the tapes were "accidentally" erased.

      george.olivier.56 - 2012-10-19 11:09

      spot we get a rte trial then?

  • sihlangu.hokweni - 2012-10-19 10:59


      george.olivier.56 - 2012-10-19 11:11

      Actually, it's corruption at it's worst carried out by some very competent crooks.

  • johann.enslin.9 - 2012-10-19 11:00

    One copy only?

  • gregory.jurgens - 2012-10-19 11:01

    Zuma is a thief

      sandra.j.rennie - 2012-10-19 13:36

      Gregory at last you're on the right page !!

  • luke.dekoker - 2012-10-19 11:03

    This just goes to show that anything the zuma and others involved with the corruption goes unpunished!! The zuma cronies/cadre appointees must be taken to task and arrested for not adhering to a Supreme Court order.

  • JAbu.R15 - 2012-10-19 11:08

    Please help: is there a thing as a vote of no-confidence to the president? i mean the majority of South Africans have lost hope and confidence in our president, so cant there be a motion of no confidence passed to remove him from office?

      ant.duke - 2012-10-19 11:22

      Not here unfortunately. It does in other democracies and even in communist China. Zuma is simply outdoing all rivals on this one: Amin, Mobuto, Bob, Marcos, Papa Doc, Mussolini, Gengis, Caligulia, Nero, The Templar, Franco, Chavez, Salazar, Kim Ill song, Hussein, Bongo, Castro...must have his heart set on the Pope and Hitler and he's done...

      sihlangu.hokweni - 2012-10-19 13:42

      U MAM'ZILLE must instigate some form of POLITICAL MANOUVRING sothat a REFERENDUM can be held in this country as to whether the current ELECTORAL SYSTEM is still right foir a POST-TRANSITION STATE as ours-PLEASE GOD SAVE SA!

  • sihlangu.hokweni - 2012-10-19 11:27

    In atual fact(for the benefit of those who aren't familiar with NGUNI languages) NOMGQOBO means somebody who RUBBER STAMPS-to be RELEVANT :Somebody OUTSIDE the NPA controls that institution

  • sihlangu.hokweni - 2012-10-19 11:29

    Hulley as a Presidential Advisor-recommended this Jiba's appointment hence she can't sub-poena him.

      gerrit.vanpletzen - 2012-10-19 12:06

      In her official capacity she can and is obliged to apply for a warrant for his arrest if he is in breach of a court order. Failure to do so is indolence, which is an act of misconduct for which she can be suspended, and tried in disciplinary proceedings.

  • siphom.mnguni - 2012-10-19 11:40

    What happened to your patience South Africans? The tapes are still being manufactured. These things take time, so just relax they will be out soon. Keep yourselves posted, News24 will inform you.

      sihlangu.hokweni - 2012-10-19 13:37

      Well stated-MAGEBA!

  • chris.khanye - 2012-10-19 11:41

    And the NPA would like all to believe, they don't have a copy of the evidence they used to get Zuma off the hook? If the NPA doesn't have the evidence, then Zuma was let off the hook based on hearsay and gossip. But then South Africa has degenerated into a lawless country and it doesn't surprise me when President Zuma's lawyer and confidant defeats the ends of justice. No doubt - Hulley's mischief is blessed at the highest echelons of the country.

  • Samuel - 2012-10-19 11:59

    I dot believe that such tapes exist, if they do y can't the chappy release them as ordered by court of law.

  • gerrit.vanpletzen - 2012-10-19 12:01

    Jiba can prepare a warrant for arrest based on the non-compliance by mr. Hulley, and have him arrested. If she doesn't know that, she should be doing something else, since she's not fit to serve in the NPA.

      Andrea - 2012-10-19 12:06

      Ekhuruleni municipality has an opening for her in their pool.

      sihlangu.hokweni - 2012-10-19 13:35

      No Andrea! They've got enough incompetents who can't even CLEAN UP the poo that flows in their streets,backyards

  • herbert.plessis - 2012-10-19 12:26

    Hulley looks like Shaik. Maybe they will tee off together....

  • sxp - 2012-10-19 13:11

    Lock the bugger up until he complies with the order.

  • ro.jhb.1 - 2012-10-22 07:43

    Arrest them all and put them in jail for contempt

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