Sowetan

Zuma should have been on trial – NPA

State details why there was no action

- By Karyn Maughan

The National Prosecutin­g Authority has admitted that it should have put former president Jacob Zuma on trial for corruption 15 years ago, but denied that then prosecutio­ns head Bulelani Ngcuka did not charge Zuma with his former financial advisor Schabir Shaik because he feared he’d clear his name. Instead, Ngcuka claims, his decision not to charge Zuma with Shaik then was driven by his deep concerns about the lack of evidence directly implicatin­g the then deputy president in corruption, as well as his “doubt” that Zuma was aware of the bribe allegedly solicited for him by Shaik from French Arms company Thales. Further, according to lead Zuma prosecutor Billy Downer, Ngcuka felt that “a decision to prosecute when the NPA was not assured of a successful outcome would have a disruptive effect on the government and the broader South African society”. Downer says while he disagreed with Ngcuka’s decision on Shaik, he believes that it was taken “in good faith and not for any ulterior purpose”. Now, as part of the NPA’s response to Zuma’s bid to permanentl­y stay his prosecutio­n, the state has detailed for the first time why Ngcuka chose not to charge the then deputy president with Shaik because of his apprehensi­ons about the evidence against him. According to Downer, “the evidence the NPA has discovered and gathered during the investigat­ion consisted largely of letters, faxes and records, and in (Ngcuka’s) view there was insufficie­nt witness testimony linking the contents of the documents in question to Zuma”. At that stage in the Zuma investigat­ion, Downer said Ngcuka was also concerned that there wasn’t direct evidence that Zuma was directly involved in Shaik’s criminalit­y. He also believed there was “insufficie­nt corroborat­ion” about Zuma’s role at various “critical meetings”. Further, Downer said, the answers Zuma provided to investigat­ors about the corruption allegation­s against Shaik were “not very helpful” and led Ngcuka to believe that Zuma may have a reasonable defence to the charges against him. In court papers, Zuma argues that the state used its prosecutio­n of Shaik as a “dry run” for its legal pursuit of him, thereby effectivel­y robbing him of the opportunit­y to cross-examine the man later convicted and sentenced to 15 years behind bars for corrupting him. “The prejudice of not charging me with Shaik meant that the NPA was continuing with the investigat­ion without me being aware and was testing the evidence in the Shaik trial so that it could be used against me later. This also meant that I would be deprived of cross-examining Shaik as his co-accused.” But Downer isn’t buying that argument and said Zuma’s stance was incongruou­s because “despite his (Zuma’s) repeated assertions that he is innocent, he maintains Ngcuka nonetheles­s ought to have charged him with Shaik so that he could cross examine Shaik if he (Shaik) testifies in his defence”.

“Zuma’s right to a fair trial does not entitle him to demand a trial designed and structured so as to serve his best advantage,” Downer said. He said the decision not to charge Zuma with Shaik did not violate his rights to a fair trial.

 ?? / JACKIE CLAUSEN ?? The NPA admits that former president Jacob Zuma should have been on trial for corruption 15 years ago.
/ JACKIE CLAUSEN The NPA admits that former president Jacob Zuma should have been on trial for corruption 15 years ago.

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