Abrahams makes his call on Zuma

Former president not yet told what decision the public prosecutions boss has made on whether he should be charged for corruption

National Director of Public Prosecutions Shaun Abrahams has made a decision on whether Jacob Zuma should face charges of corruption, but has not yet informed the former president what that decision is.

Abrahams gave the Council for the Advancement of the South African Constitution (Casac) an undertaking that he would give the organisation two weeks’ notice before making his decision public.

This has resulted in a delay in making the decision public.

National Prosecuting Authority (NPA) spokesman Luvuyo Mfaku said Abrahams had written to Casac honouring the undertaking, but had also asked if it was willing to waive the notice period.

The NPA estimated it would probably make the announcement after March 15, factoring in the notice period and court days excluding weekends, said Mfaku. “As such it must be clear we have not advised the former president and any other parties involved in the matter.”

“If Casac says, ‘It is fine, we [are] waiving this two-week requirement’, then the national director will have to inform the former president in writing, and other parties involved, before announcing his decision to the public,” he said.

The prosecuting team set up to review the decision on whether Zuma should be charged gave its recommendation to Abrahams last Friday.

City Press reported on Sunday that the prosecuting team had recommended to Abrahams that all the charges of corruption, fraud, money laundering and racketeering be reinstated.

This was reportedly a unanimous decision.

Casac has also asked Abrahams to give an undertaking to the Constitutional Court that he will not decide on prosecution of Zuma before the court rules on a confirmation application.

This is in relation to Abrahams’s appointment, which the High Court in Pretoria reviewed and set aside in December 2017.

Abrahams and the NPA are appealing against this decision.

Last week President Cyril Ramaphosa withdrew the appeal, which had been lodged by Zuma.

The high court had also found Zuma was too conflicted to appoint a new NPA head, but now that he was no longer in office this matter was moot.

Casac confirmed it had received the NPA’s letter.

Casac executive secretary Lawson Naidoo, however, said the organisation would not decide on whether to waive the notice period until the Constitutional Court hearing this week.

“We’ve argued that it would be improper for Abrahams to take a decision until such time as the Constitutional Court has ruled in this matter.

“We will not be taking any decision in respect of a waiver at least until the ConCourt hearing on Wednesday,” he said.

Zuma’s lawyer, Michael Hulley, on Monday said they had not been made aware that Abrahams had made a decision.

“I don’t know what decision he is about to make and what the rationale is,” he said.

“Obviously we expect there will be a rationale behind it, whichever way.”