Hofmeyr admits error on Zuma charges

FORMER head of the asset forfeiture unit Willie Hofmeyr regrets accusing former president Thabo Mbeki of colluding with senior National Prosecuting Authority officials to charge his successor Jacob Zuma with fraud and corruption.

Hofmeyr made the concessions when he was cross-examined by suspended deputy national director of public prosecutions Nomgcobo Jiba’s counsel, advocate Norman Arendse, SC, at the Mokgoro inquiry yesterday.

Chaired by retired judge Yvonne Mokgoro, the probe is investigating whether or not Jiba and the NPA’s senior advocate, Lawrence Mrwebi, are fit to hold office.

In a March 2015 affidavit he deposed to the Supreme Court of Appeal (SCA) in the spy tapes saga involving the DA and Zuma, Hofmeyr claimed that there was collusion by former National Director of Public Prosecutions (NDPP) Bulelani Ngcuka, former Scorpions boss Leonard McCarthy and Mbeki to use the NPA as a tool against Zuma.

Hofmeyr also alleged that the criminal prosecution was allegedly aimed at thwarting Zuma’s prospects of replacing Mbeki as ANC and state president.

The affidavit came under scathing attack in October last year, when the SCA set aside the decision of former NDPP Mokotedi Mpshe to drop the prosecution of Zuma on April 1, 2009.

The SCA judges ruled that Mpshe’s decision was unlawful as he invoked the wrong law to withdraw the charges. The judges were also highly critical of Hofmeyr’s affidavit, saying it was based on rumours and wholly unsubstantiated to support the withdrawal of charges.

Yesterday, during cross-examination, Arendse insinuated that due to the SCA judgment, Hofmeyr should have been subjected to a similar panel, like Jiba and Mrwebi.

According to Arendse, Hofmeyr’s conduct as depicted in the SCA ruling was far worse than the four rulings made against Jiba, which prompted President Cyril Ramaphosa to appoint an inquiry in October last year.

In reply, Hofmeyr said the SCA did not make a finding against him, arguing the court was just critical of his affidavit.

He said he had overreacted in the spy tapes saga when he claimed that criminal charges against Zuma were politically motivated, and that “I will live with that regret for a long time”.

Hofmeyr also admitted that the prosecution had a “solid case” against Zuma, but said the recorded conversations between Ngcuka and McCarthy arguing over when the former president should be charged led him to conclude that the prosecution was political.

Hofmeyr conceded his decision was wrong, telling the Mokgoro inquiry that he accepted the SCA’s view that the behaviour was unethical.