Weekend Argus (Saturday Edition)

Spy tapes: Zuma plans his move

- SIYABONGA MKHWANAZI and BALDWIN NDABA

PRESIDENT Jacob Zuma has hinted 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 any possible fresh charges against him.

The KPMG report was part of the evidence which led to the conviction of Zuma’s former financial adviser.

After he lost his fight in the Supreme Court of Appeal yesterday, Zuma said he intended making fresh representa­tions to the National Prosecutin­g Authority.

“Any person has the right to make such representa­tions and an expectatio­n that a legitimate decision will be made,” said Zuma’s spokespers­on, Bongani Ngqulunga.

“These representa­tions will

be amplified in light of developmen­ts in the ensuing period, and not least of all are the recent revelation­s around the integrity of the audit report which underpins the prosecutio­n,” he said.

KPMG is facing investigat­ions from the Internatio­nal Regulatory Board for Auditors and the South African Institute for Chartered Accounts relating to the work the company did for the controvers­ial Gupta family and for Sars.

Ahead of the ANC’s December elective conference, where Zuma wants to anoint his preferred successor, Nkosazana Dlamini Zuma, yesterday’s judgment is not expected to have much impact on his sup- port within the party.

While several opposition parties called for Zuma to face the full might of the law, the ANC said it had noted the judgment and would study its contents.

However, UDM leader Bantu Holomisa said it was game over for Zuma and the president must face the law.

He urged the ANC to recall Zuma because of the criminal charges hanging over his head.

ACDP spokesman on justice Steve Swart called on NPA head Shaun Abrahams to reinstate the charges against Zuma.

He said the judgment and various scandals including the revelation­s of state capture justified calls for Zuma to go.

Cope national chairperso­n Pakes Dikgetsi said the NPA should reinstate the charges without delay.

He said Zuma must have his day in court.

Zuma will meanwhile likely face a legal claim for more than R10 million from the Democratic Alliance following the failure of his appeal.

Yesterday, DA Federal Council chairperso­n James Selfe said his party had, in its eightyear legal battle against Zuma, spent more than R10m in legal fees alone and, following the SCA judgment, they would file for proceeding­s to recoup the money from Zuma and the NPA.

Selfe, however, admitted that Zuma might consider appealing the SCA ruling in the Constituti­onal Court but said his party was ready for such a challenge.

Selfe said prosecutio­ns chief Shaun Abrahams should formally charge Zuma, saying that “after the formal charges, Zuma can then make representa­tions to the NPA. Abrahams must serve Zuma with an indictment.

Equally scathing was DA leader Mmusi Maimane, who threatened to approach another court if Abrahams failed to charge Zuma within the next 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.”

Reacting after the SCA outcome, NPA spokespers­on advocate Luvuyo Mfaku said the prosecutor­ial authority would interrogat­e the ruling before making a decision.

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