Public Protector Lawrence Mushwana has cleared Deputy President Jacob Zuma of allegations he breached the executive ethics code by not properly declaring his interests and liabilities in the register of financial interests.
However, Mushwana did not investigate Zuma’s relationship with his financial adviser, Durban businessman Schabir Shaik.
In a report released on Friday, the protector said an investigation into allegations recorded in a draft charge sheet against Shaik would be improper and unlawful.
”This decision was based on the fact that the matters referred therein are sub judice and any investigation thereof at this stage might improperly and unlawfully interfere with the prosecution and the right of the accused to a fair trial,” he said.
Democratic Alliance Chief Whip Douglas Gibson requested the investigation.
According to the draft charge sheet in the fraud and corruption criminal case against Shaik, and a number of Shaik’s companies, Zuma received payments totalling more than R1-million over a period of about five years from Shaik and others.
Gibson wanted the protector to investigate whether Zuma had declared those payments as required by the Executive Members’ Ethics Act.
Regarding, among others, the allegation that Zuma had a 100% membership of a close corporation — Michigan Investments CC — and still held this, Mushwana found this was declared in the confidential part of the register.
The report raised concerns the current format of the register caused confusion as to exactly where and in how much detail interests should be declared.
”It was also noted that details such as dates of declarations, values of interest, addresses of private residences, value of liabilities, duration of liabilities, source, and value of pensions, etc, are not meticulously kept by the [Cabinet] secretary,” Mushwana said.
There were serious difficulties in interpreting the contents of the register, which might lead to wrong perceptions and unfair comment.
He urged the secretary to take urgent steps to ensure all details in respect of declarations required by the Act and the code were recorded in the register.
The format of the register, to limit the possibility of declarations being open to wrong perceptions or interpretations, should also be improved.
The report suggested members also be provided with guidelines regarding the amount of detail to be declared.
In a statement on Friday, Gibson said the investigation had not cleared Zuma of a serious conflict of interests arising from his relationship with Shaik.
”The report … clearly states that the allegations concerning Mr Zuma’s relationship with Mr Shaik were not investigated at all.”
The decision not to investigate Zuma indicated the close association between him and Shaik.
Loans made to Zuma by a number of businessmen were previously confirmed by the parties involved, he said.
”Whether or not they have been declared by Mr Zuma does not diminish the serious question of whether such gifts and loans are appropriate and desirable.
”The relationship between Mr Shaik and Mr Zuma, given the deputy president’s apparently precarious financial position, has exposed him to a conflict of interest between his official responsibilities and his private interests,” Gibson said.
In another statement, the ANC Youth League welcomed ”the clearing of the Deputy President Jacob Zuma by the Public Protector on allegations levelled against him by enemies of our hard earned democracy”.
The league said the report would expose the ”dirty campaign being waged against Zuma and the ANC by enemies of our democracy”.
”As an organisation, we are vindicated in our belief that the deputy president is not corrupt as allegations levelled against him are being tested and proved to be false,” the statement read. — Sapa