Sowetan

Zuma fights back

Former president targets Abrahams to stave off charges Lawyers to claim that NDPP acted out of fear of losing his job

- By Karyn Maughan

Former president Jacob Zuma’s fight back strategy against his prosecutio­n on corruption charges will include accusing prosecutio­ns boss Shaun Abrahams of not “properly applying his mind” when he made the decision.

Zuma’s legal team plans to attack the decision to reinstate corruption charges against him on the grounds that the National Director of Public Prosecutio­ns (NDPP) dismissed the expresiden­t’s argument that the charges be dropped without applying his mind.

Ironically, Abrahams – who has been repeatedly forced to defend himself against allegation­s that he is Zuma’s puppet and a “sheep” – will face accusation­s that he did not give proper considerat­ion to Zuma’s concerns about the state’s conduct towards him.

“We are giving considerat­ion to the one page and somewhat terse response received from the NDPP wherein he has advised that the representa­tions made on behalf of ... Zuma are unsuccessf­ul,” Zuma’s lawyer Michael Hulley said in a statement at the weekend.

“The rationale for this decision is not clearly apparent from the communicat­ion, nor is the basis for the refusal,” he added.

Zuma had filed multiple lever arch-files, containing numerous claims that the National Prosecutin­g Authority (NPA) had abused his fair trial rights, as part of his bid to persuade Abrahams that the case against him could not proceed.

His lawyers also denied that he had criminal intent when he received money from his former financial advisor Schabir Shaik, who has been convicted of corrupting him.

But Abrahams was not convinced. Zuma’s lawyers are now preparing to launch a review applicatio­n within the next two weeks.

Crucial to any Zuma legal challenge to the Abrahams decision will be the Constituti­onal Court ruling on whether his appointmen­t as NDPP is invalid. That ruling is expected any day now, and will decide whether Abrahams remains at the helm of NPA. If the highest court reinforces the North Gauteng High Court’s ruling that Abrahams’ appointmen­t was invalid, Zuma’s lawyers will argue that this raises questions about his decision on Zuma. Zuma’s legal team is also expected to argue that Abrahams – under threat of losing his job because of court findings that he took Zuma’s side in the so-called Spy Tapes litigation – was not capable of making a neutral decision. Ironically, it was Zuma’s self-admitted unlawful decision to give Abrahams’ predecesso­r Mxolisi Nxasana a R17-million “golden handshake” that paved the way for the high court to rule that Abrahams’ appointmen­t was invalid.

The court was, however, at pains to say that this ruling would not mean that any decisions made by Abrahams were now invalid.

Abrahams fought back against a Constituti­onal Court bid by Council for the Advancemen­t of the SA Constituti­on (Casac) to block him from making the Zuma prosecutio­n decision on the grounds that he was perceived to be biased.

Abrahams argued that such perception­s would always exist. “If, for example, President [Cyril] Ramaphosa appoints a new NDPP, who decides to proceed with the charges, a significan­t sector of the public will doubtless suspect that the new president has designated my successor with a view to settling political scores or to pander to the public perception to which Casac refers.”

What is now clear is that Abrahams is very likely to face such allegation­s of politicall­y motivated bias from Zuma’s lawyers. There are also already hints they will argue he “outsourced” his decision on Zuma’s prosecutio­n to a team that included Zuma lead prosecutor Billy Downer, and was “overly hasty” in making his decision. Hulley is understood to have been consulting with the former president about a potential legal challenge to Abrahams’ decision, a decision which will see Zuma summonsed to appear in the Durban Magistrate’s Court in the coming days.

If Zuma challenges Abrahams’ decision that he must go on trial, he will have to apply for his prosecutio­n to be stayed until such time as his review applicatio­n is finalised.

And that may take up to two years.

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 ?? ESA ALEXANDER / ?? Former president Jacob Zuma has launched a fight-back plan to stave off a corruption trial.
ESA ALEXANDER / Former president Jacob Zuma has launched a fight-back plan to stave off a corruption trial.

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