‘Any of Abrahams’s deputies may prosecute Zuma’

UNDER-fire National Director of Public Prosecutions (NDPP) Shaun Abrahams has long taken a decision to prosecute former president Jacob Zuma, and is now only studying his representations on why he should not be charged.

This was communicated by Abrahams’s counsel, Hilton Epstein SC during arguments in the National Prosecuting Authority (NPA) head’s Constitutional Court application for leave to appeal a judgment in the High Court in Pretoria declaring his appointment unlawful and setting it aside.

Epstein said in court that Abrahams took the decision in September last year when he realised that his Supreme Court of Appeal challenge – of the high court finding that dropping of charges against Zuma was irrational – would fail.

According to Epstein, Abrahams wrote to acting Hawks head Yolisa Matakata requesting the docket for the fraud, corruption, racketeering and tax evasion charges Zuma faces, the list of witnesses and state of the investigation.

He said Abrahams even appointed KwaZulu-Natal director of public prosecutions Moipone Noko as the lead prosecutor in the matter, and also included prosecutor Billy Downer, who was part of the original prosecution team.

“This case is about one person,” said Epstein.

He offered solutions for the Council for the Advancement of the South African Constitution (Casac), which does not want Abrahams to be the NDPP deciding on the reinstatement of the charges against Zuma.

“If that is the only reason for him to go, then in terms of section 23 of the NPA Act, any deputy NDPP can take the decision,” he said.

The act empowers any of the four deputy NDPPs to exercise or perform any of the powers, duties and functions of the NDPP as authorised by the NDPP.

However, Casac’s counsel, Geoff Budlender, said it was not in the interests of justice for Abrahams to decide on whether or not to prosecute Zuma before the Constitutional Court has delivered its judgment in the matter.

He said Abrahams was refusing Casac’s request, and had announced that a decision has already been taken.

Abrahams will announce his decision on March 15.

Matthew Chaskalson, representing Corruption Watch, told the court that Abrahams’s predecessor, Mxolisi Nxasana, was entitled to just over R34 000 as a pension payout after he left office in June 2015, not the R17.3 million Zuma paid him.

Judgment was reserved.