/ 18 March 2009

Zuma charges to be dropped?

There is “no truth” to reports that the National Prosecuting Authority is planning to drop charges against ANC president Jacob Zuma, the NPA said on Wednesday.

“There is no truth in the rumour,” said spokesperson Tali Tlali, adding, “The decision has not been taken. The matter is under consideration.”

This followed reports in the Star and Business Day on Wednesday quoting “several sources” and “sources close to the matter” as confirming that the case would be dropped.

“Sources say the main reason advanced is that the prosecution does not have a ‘winnable case’,” reported the Star.

Tlali would not comment on reports that NPA officials would meet on Wednesday to discuss the matter.

Zuma faces 16 charges, including fraud, corruption and money laundering.

Zuma’s former financial advisor and fraud convict Schabir Shaik’s brother Moe, told students and ANC members at the University of Pretoria on Tuesday: “Many of you will be moved by what I’m about to say, but in the national newspapers that’s going to break tomorrow [Wednesday] morning is going to be the following headlines: ‘The National Prosecuting Authority has decided not to prosecute Jacob Zuma’.”

His remarks, which were met with loud cheers, were carried on SABC radio news.

According to Business Day, the decision to drop Zuma’s charges came after a “thawing of relations” between the ANC president’s and the NPA’s lawyers. This apparently followed Zuma’s expanding on claims of political interference in the decision to charge him.

On March 13, the Chief Justice Pius Langa ordered that Zuma, the ANC and the NPA must address the court on May 12 on the constitutionality of the NPA’s December 2007 decision to charge Zuma.

Judge Chris Nicholson found in the Durban High Court that the NPA acted unlawfully, because Zuma should have been given a chance to consult with the NPA before a decision on prosecution was made.

However, the Supreme Court of Appeal overturned Nicholson’s ruling and found that Zuma did not automatically have this right.

Zuma is challenging this decision in the Constitutional Court. The NPA has opposed his application.

It has also objected to an ANC application to be party to the matter, arguing that, among other things, “such a concession could lead to the politicisation of the criminal justice system”.

Langa ruled that the Constitutional Court would hear Zuma’s arguments and that the ANC could be party to the matter.