The Zuma spy tapes that just won’t go away

On Wednesday, the Democratic Alliance will bring its umpteenth court application to a full bench of the North Gauteng High Court in an attempt to force the National Prosecuting Authority (NPA) to comply with a court order, which states that it must hand over the reduced court record that eventually led to the dropping of fraud and corruption charges against President Jacob Zuma.

The record is said to include the spy tapes, which are recordings of intercepted phone conversations between former NPA head Bulelani Ngcuka and then boss of the now extinguished Scorpions, Leonard McCarthy.

The tapes formed the basis of then acting NPA head Mokatedi Mpshe’s decision to drop corruption and fraud charges against Zuma in 2009.

The case was due to be heard in April, but was postponed for a decision on whether or not a full bench should hear the matter. The Mail & Guardian understands that a full bench will not, after all, hear the case.

Zuma and the NPA will oppose the application on the basis that the tapes formed part of his confidential representations to court during his trial.


But the Supreme Court of Appeal ruling, which the DA wants the court to enforce this week, excludes Zuma’s private representations from the public record to be handed over.

In March 2012, the Supreme Court of Appeal gave the NPA 14 days to produce the documents, which led to Mpshe’s decision to drop charges. Instead of producing the transcripts in April last year, the NPA handed them to Zuma’s lawyer Michael Hulley.

The DA then argued the NPA should be found in contempt of court because it had failed to comply with the court order.

Further complications
The matter was further complicated as neither the president nor his legal representatives ever handed over copies of the tapes to the NPA in the first place.

When dropping the charges, Mpshe said Hulley had only allowed prosecutors Sibongile Mzinyathi and Willie Hofmeyr to listen to recordings of the tapes.

After Zuma’s representations, the NPA independently obtained recordings from the National Intelligence Agency (NIA) of the same telephone intercepts

The president’s legal team argues that the tapes and their transcripts formed part of representations made to the NPA by Zuma and are as such confidential.

But, the DA contends, the recordings were handed over to the NPA by the NIA and cannot be seen as privileged information.

DA MP James Selfe said the party is confident of another victory this week.

“What we don’t want is a repeat of the previous court process, in which the court took over a year to deliver its judgment. We’re hoping for a speedy resolution to the proceedings this week. We are quite confident that the court will rule in our favour. All we want is for the NPA to abide by the ruling of the Supreme Court of Appeal, and hand over the reduced record,” he said. 

Subscribe to the M&G

These are unprecedented times, and the role of media to tell and record the story of South Africa as it develops is more important than ever.

The Mail & Guardian is a proud news publisher with roots stretching back 35 years, and we’ve survived right from day one thanks to the support of readers who value fiercely independent journalism that is beholden to no-one. To help us continue for another 35 future years with the same proud values, please consider taking out a subscription.

Sarah Evans
Sarah Evans

Sarah Evans interned at the Diamond Fields Advertiser in Kimberley for three years before completing an internship at the Mail & Guardian Centre for Investigative Journalism (amaBhungane). She went on to work as a Mail & Guardian news reporter with areas of interest including crime, law, governance and the nexus between business and politics. 

Related stories

Eusebius McKaiser: Reject the dichotomy of political horrors

Senekal shows us that we must make a stand against the loud voice of the populist EFF and racist rightwingers

Under Mbali Ntuli the DA would offer South Africans a new political home

The KwaZulu-Natal MPL, who is running against John Steenhuisen for the post as party leader, embodies the hopes and dreams of the majority of citizens

How graft arrests came together

Learning from its failure to turn the Schabir Shaik conviction into one for Jacob Zuma, the state is now building an effective system for catching thieves. Khaya Koko, Sabelo Skiti and Paddy Harper take a look behind the scenes at how law enforcement agencies have started creating consequences for the corrupt

Richard Calland: South Africa needs a Roosevelt style of leadership

President Cyril Ramaphosa needs to hold ‘fireside chats’ and have more power and institutional muscle around him, writes Richard Calland

This beef smells like manure

What’s that animal sound? Is it a Hawk swooping? A chicken roosting? No, it’s Zuma remembering a beef

Editorial: Arrests expose the rot in the ANC

The ANC has used its power to create networks of patronage. And this means going after corruption will cost the party financially
Advertising

Subscribers only

Free State branches gun for Ace

Parts of the provincial ANC will target their former premier, Magashule, and the Free State PEC in a rolling mass action campaign

SAA bailout raises more questions

As the government continues to grapple with the troubles facing the airline, it would do well to keep on eye on the impending Denel implosion

More top stories

Hawks swoop down with more arrests in R1.4-billion corruption blitz

The spate of arrests for corruption continues apace in Gauteng and the Eastern Cape.

Catholic NGO boss accused of racism and abuse in Sudan

The aid worker allegedly called his security guard a ‘slave’

Agrizzi too ill to be treated at Bara?

The alleged crook’s “health emergency” — if that is what it is — shows up the flaws, either in our health system or in our leadership as a whole

SANDF hid R200m expenditure on ‘Covid’ drug it can’t use

Military health officials are puzzled by the defence department importing a drug that has not been approved for treating coronavirus symptoms from Cuba
Advertising

press releases

Loading latest Press Releases…

The best local and international journalism

handpicked and in your inbox every weekday