Zuma spy tapes declared illegal

2011-09-28 09:27

Johannesburg - The controversial spy tapes that got President Jacob Zuma off the hook on corruption charges were declared illegal during a labour dispute at the CCMA, according to a newspaper report on Wednesday.

The dispute is between the head of the Special Investigations Unit (SIU) Willie Hofmeyr and his former deputy, Faiek Davids, The Times reported.

Ruling in Davids's unfair dismissal application, Bart Ford, a senior commissioner at the Commission for Conciliation, Mediation and Arbitration, found that the recordings were illegally obtained and could not be used in the arbitration hearing.

"It is immediately apparent that the applicant's privacy has been botched... The recordings and evidence in this case was obtained illegally," said Ford.

Ford's ruling is related only to Davids's challenge.

Zuma charges dropped

Acting National Prosecuting Authority head Mokotedi Mpshe decided to drop all corruption and fraud charges against Zuma in April 2009. The decision cleared a way for him to become South Africa's president.

Mpshe had found that the secret connivance between Scorpions boss Leonard McCarthy and former NPA head Bulelani Ngcuka in relation to the Zuma case amounted to "intolerable abuse", and that the charges had been influenced by the political infighting of the time.

NPA spokesperson Mthunzi Mhaga told the newspaper it was too early to comment on whether the previous decision not to prosecute Zuma would be affected by Ford's ruling.

"We may have to read the whole judgment/finding and see how that impacts on the NPA," said Mhaga.

  • jack sparrow - 2011-09-28 09:32

    building a castle out of glass is never a good idea

      DEVILS SON - 2011-09-28 10:38

      mwahahahaha 783

      AMS-Dammer - 2011-09-28 11:10


  • Civil_Rights - 2011-09-28 09:35

    Good, honest politicians exists and so do Unicorns.

      Big mack - 2011-09-28 10:09

      And I saw a mermaid just yesterday!!

      Will99 - 2011-09-28 10:19

      No way! I always knew something was fishy!

      Civil_Rights - 2011-09-28 10:22

      Next thing will probably see Bin Ladden in his watery grave eating sushi off the body of half naked mermaids. Or shower heads giving lectures on the dangers of arms deals.

      CraigColinRoyMcLeod - 2011-09-28 10:41

      I'm on a Unicorn, riding home after banging a mermaid. When I get home I plan to go retrieve my pot of gold that leprechaun I caught last week gave me a map too, apparently there is an honest politician standing next to the tree its buried under.

      Peacock - 2011-09-28 12:02

      I wanted some milk and tried to catch the cow that was jumping over the moon but I missed and had lunch made from the cheese that the moon is made of

      Heibrin - 2011-09-28 12:14

      @Peacock: Shared it with the man in the moon, did you?

      AMS-Dammer - 2011-09-28 13:00

      I just MILKED the COW that jumped over the moon!

  • Frans Potgieter - 2011-09-28 09:36

    That man is not innocent.

  • Mart - 2011-09-28 09:36

    Plea bargain - Zuma vacates the Presidency pledging not to take another cent in cash or benefits as past President. He dishes the dirt and the details of the ANC's hidden agenda and 'shops' those guilty of crimes against the SA people. He gives back all the assets he has accumulated as H.O.S. including foreign bank accounts. In return we buy him a house in Harare, right next door to Gaddaffi on the proviso that he takes his wives and minor children with him. Seems like an OK deal to me. - 2011-09-28 10:39

      Brilliant idea.

  • WhiteAfricanTo - 2011-09-28 09:38

    How can someone even run, yet alone become President if they are suspected of wrong doing. Surely that's not presidential material...Schabir Shaik and Zuma were in cahoots yet the one goes to prison and the other becomes President. What will happen if he is found guilty....what a joke SA has become.

      Scorpion - 2011-09-28 10:22

      Yup That's typical Africa for you.

      Felix - 2011-09-28 10:45

      Sure, if you call hospital and the golf course prison. - 2011-09-28 10:49

      That's the SA way, man

      York Hunt - 2011-09-28 15:53

      No that's the ANC way!

  • Manyoza - 2011-09-28 09:41

    No level-headed country in the world would have appointed a President with a track record that ours has. Howcome nothing sticks to him ? Alledged rape (unprotected sex with an AIDS sufferer), alledged fraud, alledged corruption - 25 kids, the Shabir Shaik walking dead saga, illegitimate kids (unprotected sex, again)with soccer bosses daughters and who knows how many more kids there are that we don't know about. All court cases were dumped on technicalities - the list goes on. Pres Z is actually a likeable fellow, but not a respected President. With his recent pre-President history, something had to be exposed sooner or later, and as they say, the wheel turns full circle.

  • Crime Buster - 2011-09-28 09:41

    Who gave who the tapes? That DDG is no longer in the "service" and that is the source of this whole matter. You get him on teh stand and he will tell who gave which instructions. But no, we seek the matters pertaining to outcome and not to the root cause ..... eish!!! Thats why we are in the mess we are VIVA corrupt ANC VIVA (maybe I will too get an ambassador post where the likes af Juju and Co are not allowed - please!

  • sefeddt - 2011-09-28 09:45

    History will recall Zuma as being the worst post 94 President, lets hope it stays that way, but i fear he will be replaced as the worst if the ANC kindergarten brat is ever elected.

      RSA 2010 - 2011-09-28 11:26

      Going forward, each one will replace the previous as the "worst ever".

  • Ryan - 2011-09-28 09:49

    isnt Zuma just so lucky that the spy tapes were declared illegal. or maybe it wasnt luck ..

      Jakalas - 2011-09-28 10:02

      Why declare the tapes illegal. They are proof of what was said, whether obtained illegally or not. Submit them into evidence and charge the procuror with breach of privacy or some applicable crime. The fact that the procuror committed a crime does not reduce the truthfulness of the tapes,

  • Johnny - 2011-09-28 09:49

    play the tapes to the public and let us decide wether it's admissable or not - 2011-09-28 13:48

      you wish.

  • Darwinian - 2011-09-28 09:53

    Rape is illegal Corruption is illegal Fraud is illegal...

      Gavin - 2011-09-28 10:15

      being a politician isn't..

  • Badballie - 2011-09-28 10:02

    Great... now can we get Zuma's trial set down for hearing again, if the tapes are illegal then the grounds for closing the case no longer exist and he must stand trail and prove his innocence

      Charlie the man - 2011-09-28 13:06

      Don't worry something else will pop up to take the public focus of this story and eventually everyone would have forgotten about this one, like the Malema investigation. these guys will do anything and everything not to be caught but eventually it will catch up to them, hope sooner than later.

  • tailormade - 2011-09-28 10:04

    Just to refresh the memories: The court never found Jacob Zuma innocent. The NPA decided to drop the charges, because of the "tapes", in an effort to "save face". If these tapes were indeed illegally obtained, then there is NO REASON not to re-open the case against Zuma. Let the court decides whether or not the tapes are illegally, and if so: let the court then decide whether or not Jacob Zuma is innocent. Question is: will this question mark hanging over Zuma's head be dealt with according to our judicial system.....or will it be dealt with via political means?

      Phlegm - 2011-09-28 11:19

      Question is- is it an question mark or shower head hanging over him?

  • Cire - 2011-09-28 10:08

    Every day and in very way the stink of manipulation, corruption,incompetence and dishonesty around the ANC gets worse and worse.

  • GT - 2011-09-28 10:09

    How Michael Hulley ended up with NIA tapes still needs to be explained.

      Unathi - 2011-09-28 10:20

      @GT Remember whistle blowers need to be protected. We are curretly faced with Info Bill and you should really look into this carefully.

  • daaivark - 2011-09-28 10:20

    @ Prof, who seems to have been deleted: It is ALL OF OUR country, and I do NOT have to respect your decisions. I do respect the fact that the majority voted for a party who chose to place a particular person at the helm, but I do NOT have to respect him simply because he is president. I will respect the worthwhile things he achieves, when he actually manages that.

      Prof - 2011-09-28 10:29

      we all know that he is not innocent, but calling him names is n't gonna help either. Let's wait and see what will transpire after Mangaung 2012.

      cliffarc - 2011-09-28 10:55

      - Well Prof , that's what happens when someone squirms his way out of a court hearing. An innocent man would have nothing to hide and would face the charges to clear his name and restore his reputation. and for as long as Zuma wriggles his way out of this one, people will call him names and rightly so.He is a coward and a crook.

  • mSholozi - 2011-09-28 10:24

    what our great president JZ does is not illegal, his tapes his business, we have rite wing forces trying to undermine. Agents!

      Tolerant - 2011-09-28 10:49

      People that got away with criminal behaviour, tend to do it again, especially if you have 3 + wifes and 20 + children. He will mess up again.

      Felix - 2011-09-28 11:03


      toleranne - 2011-09-28 12:29

      @mS ... no person is 'great' just by virtue of a position. He must do something of value first - please give us some (unspun) examples. The tapes were never his - he should never have had them, his possession of them is illegal. "Right wing forces" if there is any such thing, don't have to do any undermining, the governing geniuses are doing it all by themselves. (I think the 'rite wing' have a different agenda, more likely chanting to the full moon and prospecting for alien vibrations during the equinox...) @Felix ... love it , lol!

  • Mike - 2011-09-28 10:33

    Mr Zuma, an old saying you would do well to take heed off. You can fool some of the people some of the time but not all of the people all of the time.Beware because your time to answer for your misdeeds is comimg.

  • Fredster69 - 2011-09-28 10:35

    He was always going to be innocent

  • - 2011-09-28 10:38

    Illegal? No!!!! The correct word is INADMISSIBLE because they were ILLEGALLY OBTAINED. C'mon subeditors! Get the words right, especially in the headline.

      THE-SRG - 2011-09-28 11:18

      ja.. other day i read about two planes almost colliding and they had to take 'avoiding action'....think they were looking for the term 'evasive action'

  • The Wonderer - 2011-09-28 10:38

    "It is immediately apparent that the applicant's privacy has been botched... The recordings and evidence in this case was obtained illegally," said Ford. I think the NPA should be replaced by the CCMA, cause CLEARLY it wasn't "IMMEDIATELY" apparent, the NPA JUST HAD to make sure Zuma becomes president. I say fire the whole incompetent lot!

  • camp.j - 2011-09-28 10:39

    I find it bizarre that recordings made without consent cannot be used in a court of law. Crazy sh1t! If it proves guilt then WTF, use it!

      Charlie the man - 2011-09-28 13:49

      Yes then Hansie Cronje is innocent

  • AndV - 2011-09-28 10:42

    Those responsible for throwing this case must be brought to book. Also Adv Hulley for accepting stolen goods.

  • Uncle - 2011-09-28 10:47

    so...charges should be reinstated and he should be retried and then go to Jail? ha ha ha. What...Ever!

  • Andre Barendse - 2011-09-28 10:54

    How can evidence be illegal? Since when is truth outlawed?

      Boerkwas - 2011-09-28 11:08

      I think it happened somewhere in 1994

  • Gavin - 2011-09-28 11:03

    The reason the world is in such a f'ing mess is because we've elected politicians as leaders and not men of honor..

  • Eland Eland - 2011-09-28 11:45

    Since Zuma took over as the country's president, the opposition are having a party. This moron will end up in a cell very soon.

  • Costa - 2011-09-28 11:57

    BLOODY AGENTS!!!!!!!!!!!!!!!!!! LOL

  • mac-sdi - 2011-09-28 13:03

    JZ just dug his own grave by announcing that commission. He now should easily be found with a case o answer and hopefully brought in front of a judge soon. Unless his terms of reference exclude previous fudgments i.e. Shaik judgement. This disgrace of a man must be recalled by Parliament.

  • capetonian - 2011-09-29 08:37

    Remember Hulley's involvement in this - he wouldn't disclose where the tapes came from!! He must have known that these tapes were obtained illegally and could not be presented in a court of law as evidence of wrongdoing... This should add weight to the DA's efforts to get the charges re-instated against "Pres. Showerhead". You cannot have a "Corrupter" jailed (Shaik) and the "Corruptee" not charged, especially when there is prima facie evidence as was said prior to the case being dropped.

  • frank.hartry - 2012-01-19 14:23

    The withdrawal of the corruption allegations charges against Zuma was a total disgrace. The NPA at the time maintained that it had an extremely strong case against the wily rotund Zuma and the charges were obviously withdrawn because Mpshe and his cronies in the NPA including Hofmeyr, were afraid of losing their jobs. It is utter contempt to South Africans to have Zuma as president when he has not proven his innocence in court. Cleverly the two alleged conspiritators have never been charged in court for any whong doing so that we South Africans can learn the truth for themselves. Notably the corruption and looting of the states coffers have significantly increased since this man Zuma became president. Billions of rands have been looted and it is possible that there are many people in government that are reasoning that if Zuma is allowed to get away with his alleged crimes, why not me.

  • Matome Malahlela - 2013-11-14 15:39

    this guy always makes headlines for wrong reasons

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