Spy tapes: Legal battles ‘point to cover-up’

2014-08-18 15:52

Cape Town - President Jacob Zuma's protracted legal attempts to prevent the release of the so-called spy tapes to the Democratic Alliance points to a cover-up, opposition leader Helen Zille said on Monday.

Writing in her weekly newsletter, Zille rhetorically asked why Zuma's lawyer fought the release of the material to the DA, before conceding on Friday that he could not make an argument for keeping it from the party.

"As we reach this important milestone, it must be asked: if there was no reason to withhold this material, why did advocate Kemp drag the matter through six court hearings over five years and block us at every turn?

"There can only be one answer: there is a lot to hide."


She said once the DA had insight into the tapes and other records that informed the National Prosecuting Authority's 2008 decision to drop corruption charges against Zuma, it would decide whether to pursue a review of the decision on the basis that it was politically motivated.

"We will be much closer to determining whether the decision to withdraw the charges was legally 'rational' or whether it could have been politically motivated, in which case we will proceed to seek a high court review."

The Supreme Court of Appeal has given the DA and Zuma’s advocate, Kemp J Kemp, until Friday afternoon to see if they can agree on who to mandate to review the NPA's internal minutes on the corruption case against the president for release to the party.

The actual review case has been held up by the DA's battle to secure insight into recordings of phone conversations, which acting national director of public prosecutions Mokotedi Mpshe cited as the reason for withdrawing the charges.

Mpshe said they pointed to political interference in the case.

Questions answered

This was challenged earlier this month by former crime intelligence boss Mulangi Mphego, who said he failed to understand how Mpshe could reach that conclusion.

"I listened to all the tapes... I was shocked because I could not reconcile what he was saying with what I knew," he told the Sunday press.

Zille said this raised questions as to whether the tapes that prompted the decision to drop charges against Zuma were genuine, and Kemp's climb-down meant these would soon be answered.

"And now, over five years (and six court applications) after the tapes were used as the reason to drop the charges against Zuma and pave the way for him to become president, we are a significant step closer to having those questions answered," she said.

"This is, quite simply, the most important review case in the 20-year history of our democracy."

  • Paige Turner - 2014-08-18 15:55

    Now sue the bunch of them for obstruction of justice.

      Made-In SA - 2014-08-18 16:43

      Was it even legal for the spying agencies,it looks like SAPS Crime Intelligence,to spy on the NPA?And what for? I know that in any democratic country,besides ours off course,it will be a big scandal if the spying agencies,CIA for instance,spy on the Prosecutor to protect ruling party politicians. The fact is this spying by SAPS Crime Intelligence was a massive spying exersize on the NPA,dating back to 2003.It targeted specific people such as Gerrie Nel and Leonard McCarthy.If it was not to fish for information to protect politicians of the ANC,like Zuma,what was it for? There lies the real scandal.It could not have been legal.At one point Leonard McCarthy was even wiretapped on the legal grounds that he was a drug suspect,so it was spying on him on false pretences.

      Brolloks En Bittergal - 2014-08-18 16:50

      Hey Guys, Do not forget they ALSO spied on CONSTITUTIONAL COURT judges. They spied on judge Nkabinde and judge Japhta. Go Google it.

      David Jones - 2014-08-18 17:56

      We must let bygones be bygones. It is very sickening to hear people still bickering about the stupid spy tape nonsense

      Xenswim1 - 2014-08-18 17:57

      The ANC have had a lot of time to rework the tapes and transcripts.

      André Potgieter - 2014-08-18 18:41

      @Alicia Louise. Your quote is well above the intellect of the normal News24 commentator. If you want to write twelve, write "one apple and two apples." They might get it! The normal commentator, has the i.q. of a plank.

  • Jacob Jody - 2014-08-18 16:03

    zumakie the time has says wages of a sin death boy.

      David Jones - 2014-08-18 18:00

      Why can't we forgive and forget? Why this obsession about the stupid tapes?

      Motho Fela - 2014-08-18 19:06

      David Jones, why do we have to forget??? We need clean government, dont you see this country is sinking and corruption is all over the country???

      Fanie Kuhn - 2014-08-19 10:50

      David, you are misinformed. Whiteys would rather see 80% of blacks moving into middle class instead of 10%, a smoothly running country for all, and excellent education ESPECIALLY for the prev disadv, who are currently getting an education that ranks #146 out of 148 in the world, thus comdemning them to a life of "unemploymemt, inequality and poverty" (sound familiar?). Empowerment is impossible without good education. We also sort our own services out, our main concern is the sh..tty services the ANC govt provides for the poor by stealing R30 billion a year out of their mouths, and then poorly executing projects - shoddy, given to the boetie with no experience but the best connection and the biggest bribe.

      Realizing SA - 2014-08-19 15:53

      Motho - I must apologise on David's behalf, that was a truly brainless thing to say...we're not all like that. I'm 100% with you on your comment and so are most open minded reasonable people in this country (back + white + coloured etc). That said, what I don't understand is why seemingly reasonable people still keep on voting for corrupt showerheads????

  • Lionel De Frontignac - 2014-08-18 16:04

    Good lawyer tactics: make as much gravy as possible.

      Brolloks En Bittergal - 2014-08-18 16:51

      Everybody is presumed to be innocent until he has no more money left to pay his lawyers.

      Made-In SA - 2014-08-18 17:51

      Number One is paying his lawyers with taxpayer money.Yes,taxpayer,this guy is covering himself with your money.It must be tens of millions of rand already.Michael Hulley is getting very rich.

      David Jones - 2014-08-18 18:03

      mama heel must kiss JZ's feet and ask for forgiveness. She has worried the man for more than 5 years now about the stupid tapes. It is sickening

      Justin Eden - 2014-08-19 14:07

      David Jones, sound like a complete tool, and you sir, are part of what's wrong with this country.

      Realizing SA - 2014-08-19 16:00

      David, my f%ck my friend please hide your details as far as possible...your clever comments will even scare your closest family&friends away

  • Patrick China Ngene - 2014-08-18 16:10

    Zuma s always in hot water or on front page of da newspaper . How can a guy lyk him b da president o4 da country ?

      Phil Galpin - 2014-08-18 16:43

      Because to say he shouldn't (in SA) is 'racist'! Doesn't matter what the rest of the world thinks, in SA any alternative thoughts are 'racist'. Well that's what the sixtytwo percenters are told think anyway. And it works.

      David Jones - 2014-08-18 18:55

      @patrick. Don't fall for the lies. JZ is one of a very few good presidents on earth

      Motho Fela - 2014-08-18 19:01

      6million Jobs will never be created,Zuma is busy covering his @ss , l so hope DA dont stop about this until Zuma resign!

      DerekMain - 2014-08-19 09:50

      @David Jones - bwahahaha - that's very funny dude - thanks for the laugh. You must be one of the cANCer clowns. Phansi cANCer, phansi!!!

      Realizing SA - 2014-08-19 16:02

      @ David - Haaahaaaahahahaa, haaaaaahahah!

  • Edward Radingoana - 2014-08-18 16:21

    This is the hard work the DA has done. I have never heard an Advocate being stuck without facts but Kemp has just made history in 20 years of democracy. He has surrendered.

      Rocky Bell - 2014-08-18 16:38

      We won a court case against him and his client.....tried his sob and sentimental BS with the judge who didn't fall for it. Box!

      Made-In SA - 2014-08-18 16:39

      In a recent edition of the investigating newspaper on Fridays,i read an interesting article of exactly what the spytapes were. They were the result of a full blown SAPS Crime Intelligence operation,dating back to 2003,called Operation Destroy Lucifer,targeting around 45 people in the NPA and Scorpions like Leonard McCarthy and Gerrie Nel. Another interesting fact is that a former commander of Crime Intelligence,Mulangi Mphegho,at one point in the endless prosecutoral wars stated under oath that these phone intercepts reveal that the NDPP who decided not to charge Number One,Mokotedi Mpshe, had an affair with a prosecutor in Kimberley and that he alledgedly approved fraudulent travel claims by her in order to pursue the relationship with him.Nice blackmailing material don't you think? Mpshe is still an acting judge in the Land Claims court 4 years after he left the post of NDPP and has never appeared before the Judicial Services Commission,where difficult questions can be asked. In that article it is also clearly stated that Mpegho in 2007 approved an application to conduct phone and electronic intercepts of 6 targets on the basis that they are drug suspects.One of that suspects was Leonard McCarthy. A certain Richard Mdluli also approached a certain Prince Mokotedi,head of the NPA "Integrity" Management Unit in September 2007,to ask for help in his investigation of Gerrie Nel,Mokotedi referred him to a certain Nomgcobo Jiba

      Made-In SA - 2014-08-18 16:40

      Jiba of course had an axe to grind with Gerrie Nel,because he secured the conviction of her husband,an attorney by the name of Booker Nhantshi for theft of trust funds.She would later go to considerable lengths to procure an arrest warrant for Gerrie Nel.Jiba was also in frequent communication with a certain Lawrence Mrwebi,who provided an affidavit in support of Mdluli's investigation of Nel.Nothing came of any investigation of Nel,as we all know.Number One would later expunge the criminal record of Booker Nhantshi,and he was appointed to a government job. Jiba was internally charged for her actions,but after a labour court case,Mpshe approved an out of court settlement and she was reinstated. Off course Jiba took over as NDPP from Menzi Simelane,and Jiba and Mrwebi shielded Mdluli from prosecution even though a Hawks dossier implicated him in the theft of millions from the SAPS secret account. As should be clear by now Number One appointed Mxolisi Nxasana because he thought he could control him.That after the DA threatened with a court case if Number One did not appoint a permanent NDPP. When he turned out to be more independent and decided to charge Mdluli,his fate was sealed. One of the many questions now is,what does Mdluli know to ensure him this kind of protection?

      Thanduxolo Galada - 2014-08-18 19:12

      Enough with copy paste @MadeinSA we've heard you now

      Made-In SA - 2014-08-18 19:51

      @Thanduxolo.Ok,fine.But click on my f/b link if you want to refresh your memory.This saga is still going to take some time.It is an intricate web of spying,top cops and top prosecutors,all striving for one thing.Keep LazyJZ783 out of jail.

  • Julia Griffiths - 2014-08-18 16:24

    How much money has he made from this action? Point to consider apart from Zuma trying to hide something

  • Utopian Indigent - 2014-08-18 16:27

    All of this, and involuntary destructive changes in management at NPA over 8 years, just to stop the Zuma-fraud dossier from going 2 Court. OFCOURSE it's a cover-up. Where are Linds & other paid corruption cronies now to defend this?

  • Zelda Matthews - 2014-08-18 16:28

    Jamba amen

  • Belinda Oberholster - 2014-08-18 16:37

    Release the tapes, why spend more money on a court case!!!!! Rather use that money to protect the children & woman of this country!!!!

  • Phil Galpin - 2014-08-18 16:38

    'why did advocate Kemp drag the matter through six court hearings over five years and block us at every turn?' easy answer-because he could and he was being paid for by the taxpayer.

      Edward Radingoana - 2014-08-18 17:00

      Just wish DA not only win the spy tapes but be successful in claim all the legal costs from these goat. Just worried because number one will just collect from the treasury since he has made the country his personal company.

      SaintBruce Bruce - 2014-08-18 18:39

      Edward - check on the New York Securities Exchange and search for "The Republic of South Africa" - it IS listed as a company on this exchange! Who are the Directors? Who are the shareholders? Who are the employees? What is the business of this 'company' ? So your quip that Zuma uses the country as his personal company may have some merit !

      Johan Kieser - 2014-08-19 09:41

      He only does as he is told and he is pleased to sell his soul for money.

  • John Madhiri - 2014-08-18 16:42

    I am a voice that brings an altenate view , i say what you'll think News24 email me where im going wrong

  • Lums Zindela - 2014-08-18 16:43

    oh gosh, I see someon's jail term is looming. zuma should go straight to hell ... no sorry, first jail then off to h e l l he goes and never come back

      Johan Kieser - 2014-08-19 09:43

      Zuma would never go to jail - he would get medical parole immediately - and the hell? he made South Africa a living hell.

  • Bongeka - 2014-08-18 16:57

    I think our justice system is all screwed up. How can it take six years and five hearings to resolve one matter and still can't find the solution/verdict? Yes president Zuma is covered by our constitution which says we are all innocent until proven guilty. But hiding the critical info that can lead the case being reviewed and possible overturned, seriously leaves too many unanswerer questions. "JUSTICE DELAYED IS JUSTICE DENIED". Never forget that.

  • Solomon Lebelo - 2014-08-18 17:00

    Once foul play has been proved,charges against Zuma must be instituted n no taxpayers must foot his legal bill,bloody moron

  • Steven Francisco - 2014-08-18 17:49

    If there are no spy tapes then why where charges against shower head dropped

  • Ignatius Maepa - 2014-08-18 17:56


  • Douglas Ross - 2014-08-18 18:02

    At least when Zuma goes to jail he'll come out with a degree

  • Richard Young - 2014-08-18 18:04

    Well said Ms Zille. Zuma was rotten even before the initial rape charges were brought against him

  • Wisan JW Justice - 2014-08-18 18:58

    butternut head is truly messing with our tax,sucks big time

  • Sam Beza - 2014-08-18 19:26

    Zuma is a very slippery customer. Somehow this is going to be somebody else's fault. That person might even admit to his own gross negligence. Ultimately if these tapes are fake or the inferences made wrong, then Zuma was never supposed to be president. (? I think.) Then all the goodies he gained from illegally being president, as well as the damage he has done should be claimed from back from him. Put differently, all profit made from criminal activities should be seized. Would he have had mine interest if he was not president?

      Sam Beza - 2014-08-18 19:28

      Or would his family be so convenient employed in powerful opinions.. Etc

      Made-In SA - 2014-08-19 00:37

      He organized two oilfields in the DRC for Khulubushe Zuma worth a R100 Billion rand.And that is a fact.The spokesperson of Khulubushe Zuma confirmed that.

  • Johan Schoeman - 2014-08-18 19:44

    Stand back folks, this can of worms is going to go off with a BIG bang! That is to say if the ANC hasn't already had the tapes doctored or even replaced the tapes with false ones to hide what they are so desperate to keep hidden! This is better than any soap opera!

      Made-In SA - 2014-08-18 22:43

      Either way it will turn out to be a proper scandal.

      Johan Kieser - 2014-08-19 09:48

      Now there would be a forensic investigation to the authenticity of the tapes, which would take years, then more court cases to question the investigators, there experience and training etc. This would never get to a close as zuma and his tjommies know how to drag anything to 1000 times its original size.

  • Mzukulu Mvubu - 2014-08-18 19:56

    No place to run now comrade president zuma the past is catching up with u.lets c how u gonna get out of this one. I smell jail and remember advocate madonsela is still waiting for your response

      Johan Kieser - 2014-08-19 09:51

      zuma does not run - he only dances - just turn on the heat - I love to see how he imitates a cat on a hot tin roof - it would be a Youtube spectacle.

  • liz.fivaz1 - 2014-08-19 01:18

    I've always said that Mandela and Mbeki were exceptable after 1994, but this freak Zooomerkop Showerhead brainless idiot was never even in my dreams a leader, an example or anything of any sort, he's a washout and a liar, a no good citizen to society and should be behind bars, he does not deserve the title as president of my country! He's an embarrassment !

      adinparadise - 2014-08-19 08:30

      Absolutely, Liz. The words "President" and "Zuma" just don't belong together. What a sick joke he is.

  • Charl Charl - 2014-08-19 10:33

    Send them all to jail zuma and his buddies are all corrupt zille will nail them the idiots.To cover for zuma will not help his time is running out fire him and all the anc busterds.

  • Fanie Kuhn - 2014-08-19 10:43

    Helen, you're making a big tactical error in pursuing this. Rather leave Zuma in power to create scandal after scandal, could bring forward your slide into power by at least 1 voting cycle. On the other hand, the mileage gained in getting him out - priceless.

  • Gustav Brink - 2014-08-19 10:52

    Zuma should be forced to pay all the court fees - out of his OWN pocket

  • John Stoltz - 2014-08-19 11:39

    If a person is not guilty, he must be demented not to release the so called evidence!! So why wont JZ release the tapes?? Say it again, the judicial system protects the criminal in the RSA!!

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