/ 20 March 2009

Zuma could know his fate soon

African National Congress (ANC) president Jacob Zuma might know his fate before the end of this month, it emerged on Friday.

In a letter to Democratic Alliance (DA) leader Helen Zille, acting National Director of Public Prosecutions Mokotedi Mpshe indicated a decision on whether or not to prosecute Zuma could be expected soon after March 27.

Mpshe was responding to Zille’s request on Thursday for the DA to be allowed to make representations to the National Prosecuting Authority (NPA) as it considered the matter.

”You are most welcome to make written representations to me. I must, however, request that it reaches me on or before March 27 2009 as this is the date I have set for myself to apply my mind to all the information supplied and still to be supplied.

”You will appreciate that due to the wide publicity in the matter it is in the interest of all concerned that I consider the representations as speedily as possible,” Mpshe wrote.

Zille welcomed the decision, saying it was a step in the right direction.

”As we argued in our letter yesterday, the DA is a relevant party in this prosecution because of our constitutional role to uphold the rule of law and the Constitution,” she said.

The DA was in the process of consulting its legal representatives who would help with drafting the representations.

Meanwhile, United Democratic Movement leader Bantu Holomisa urged the NPA not to be ”intimidated by Zuma claims”.

The UDM had noted with interest the supposed representations that had been made to the NPA to motivate for the dropping of charges against Zuma, he said.

”If the revelations in the Mail & Guardian are accurate, then it doesn’t exonerate Jacob Zuma, it merely means that [former president] Thabo Mbeki also has questions to answer about the arms deal,” Holomisa said.

”These representations and the concerted propaganda campaign of earlier this week have nothing to do with legal arguments, and everything to do with intimidating the NPA.

”The NPA must resist this attempt at blackmail. The NPA director must remind himself that his duty is to prosecute without fear or favour,” Holomisa said.

The M&G reported on Friday that Zuma’s legal team had given Mpshe what it believed were two strong reasons for dropping charges against Zuma, both involving fresh ”evidence” of wrongdoing by Mbeki.

The M&G established that the two principal strands of evidence put before Mpshe concern:

  • Mbeki’s role in the 1999 arms deal and new details of his alleged involvement in impropriety in the awarding of contracts for new defence equipment.
  • Claims that Mbeki influenced the Scorpions’ controversial ‘Special Browse Mole” report, which raised concerns about funding and support for Zuma from Libya and Angola as well as the possibility of violent resistance to his prosecution.

Six people with differing views on the case, who have been briefed on Zuma’s representations to Mpshe or seen them personally, independently confirmed this outline.

A legal source with access to the Zuma camp outlined the arms deal component of the representations as a strategy ‘to discredit lots of people … how much others got [in the arms deal]. I think they have real information”.

Mbeki has faced repeated claims that he interfered in the allocation of contracts for frigates and submarines built by German consortia. The M&G revealed last year that information passed to risk consultancy Kroll by former National Intelligence Agency official Paul Madaka suggested Mbeki personally facilitated a large kickback. Madaka has since died and Mbeki has consistently denied impropriety.

The legal source confirmed that Mbeki was the main target of Zuma’s representations, although he did not know if the allegations were true. ‘It was very strong, very virulent; a full-out attack.”