Zuma still has a Houdini trick up his sleeve
ON THE day he suffered the ignominy of losing a court battle that’s lingered for almost a decade, President Jacob Zuma hinted at pulling out all the stops to ensure he emerges unscathed.
A seemingly unperturbed Zuma suggested yesterday that he would use the tarnished image of KPMG to question the audit report used by the trial court in the Schabir Shaik case 13 years ago to quash fresh corruption charges against him.
Zuma said he would make fresh representations to the National Prosecuting Authority (NPA) after he lost his fight in the Supreme Court of Appeal. “Any person has the right to make such representations and an expectation that a legitimate decision will be made,” said Zuma through his spokesperson Bongani Ngqulunga.
“These representations will be amplified in light of developments in the ensuing period, not least of all are the recent revelations around the integrity of the audit report which underpins the prosecution,” he said.
The KPMG report was part of the evidence in the Shaik trial which led to his conviction and the auditing firm had presented a 260-page report in the Durban High Court.
KPMG is facing investigations from the Inter national Regulatory Board for Auditors and the South African Institute for Chartered Accounts on the work it did for the Guptas and the SA Revenue Service.
Zuma’s woes could yet worsen, as he was likely to face a legal claim of at least R10 million from the DA, following failure of his appeal.
DA federal council chairperson James Selfe said yesterday that his party had, in its eight-year legal battle against Zuma, spent more than R10m in legal fees alone. Following the Supreme Court of Appeal ruling, they would file for proceedings to recoup the money from Zuma and the NPA.
Selfe, however, admitted that Zuma might consider appealing the SCA judgment in the Constitutional Court, but said his party was ready for such a challenge. “Yes, there are elements of constitutionality in the ruling but during the appeal process, Zuma’s legal counsel conceded that the decision of the NPA to withdraw the charges was irrational.
It remains to be seen if NPA head Shaun Abrahams will formally charge Zuma and haul him before court, but Selfe said there was no way out. “After the formal charges, Zuma can then make representations to the NPA. Abrahams must serve Zuma with an indictment.”
DA leader Mmusi Maimane threatened to approach another court if Abrahams failed to charge Zuma within nine days. “The matter is now straightforward. The charges now stand, and a court of law must hear this matter.
“If the president is innocent, as he proclaims, he ought to let a trial court decide on his innocence.
“His actions over the last decade smack of a desperate attempt to avoid this eventuality. These are the actions of a man who knows he has a lot to answer for,” Maimane said.
He was adamant that no one was above the law, and urged Abrahams to act swiftly on the matter.
“The DA has always maintained that the president may not be guilty, but that he have his day in court as is consistent with the rule of law and due process. The president has himself stated on numerous occasions that he wants his day in court.
“In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped for political reasons: a political solution needed to be found to drop charges against a person who was about to become a president, and the ‘spy tapes’ provided the convenient excuse that has now been set aside,” Maimane insisted.
Just like the DA, other opposition parties, including the UDM, Cope and the African Christian Democratic Party, were unanimous in calling for Zuma to go, and that it was time he had his day in court.
UDM leader Bantu Holomisa said it was game over for Zuma and he must face the law. He urged the ANC to recall Zuma because of the looming criminal charges against him.
ACDP spokesperson on justice Steve Swart called on Abrahams to reinstate charges against Zuma. He said the judgment and various scandals against Zuma were enough to justify his resignation.
The ANC said it noted the judgment and would study its contents.
NPA spokesperson advocate Luvuyo Mfaku said the leadership of the prosecutorial authority would interrogate the ruling before making a decision on their next step. “The leadership will interrogate the judgment and look into its implications.”