Email: State not yet ready for Zuma trial
A LEAKED email from the lead prosecutor of the National Prosecuting Authority (NPA) in Jacob Zuma’s corruption trial has revealed a litany of missteps on the side of the State.
The email was allegedly written by advocate Billy Downer, SC, on Thursday and sent to Kwazulu-natal Judge President Achmat Jappie.
It also shows the State is not yet ready to proceed with the trial. This is while Zuma, who was charged for alleged arms deal corruption in 2018, wants the trial to be heard in October.
Among the reasons advanced by the State in the email is that it wants to amend the charge sheet against Zuma. This is because KPMG omitted some alleged payments that were made to Zuma by convicted fraudster Schabir Shaik and his Nkobi group. The forensic services in the case have since been taken over by FTI Consulting.
“It is correct, as you suspected, that the State will apply that the indictment be amended to include a number of payments from the Shaik/nkobi group to Mr Zuma that FTI discovered during their review of the old KPMG report, and the production of the new report handed to the defence in 2019.
“The amendment essentially entails the replacement of the schedule to the indictment to include the new figures. A mislaid section 111 centralisation certificate also has to be replaced by the NDPP,” Downer wrote in the email.
In the same email, Downer also explains how the Covid-19 lockdown will affect their work in the case. He cites air travel restrictions which would prevent the transport and accommodation of 207 witnesses which the State intends to bring in to testify.
He also said the lockdown had affected the flow of cases in the Pietermaritzburg High Court, where the matter is being heard, and that may have an impact on the Zuma case.
“I am informed by the DPP and the NPA roll-co-ordinators that the flow of criminal cases on the high court rolls has been severely affected by the lockdown, with a knock-on effect regarding new cases that may begin after the lockdown. There is likely to be more certainty regarding a later, rather than an earlier trial date,” he wrote.
It has emerged that Zuma and his legal team are not willing to have the case delayed and want it to be heard from October. Downer said that was communicated to them by advocate Muzi Sikhakhane, SC, for Zuma.
“Mr Sikhakhane informs me that Mr Zuma will, in all probability, not move from his position that a trial date later than October will not suit him. Mr (Barry) Roux for Thales would find suitable either an October 2020 or February 2021 date,” he said.
The spokesperson of the Office of the Chief Justice, Nathi Mncube, said Judge Jappie had not seen the letter.
“The judge president has not seen the letter from the NPA. The court has been closed for decontamination and will open tomorrow. Only then will the JP (Judge President) have access to his emails,” Mncube said.
Zuma’s lead lawyer, Eric Mabuza, refused to comment. But sources close to Zuma’s legal team said they were aware of the email and had raised objections to Judge Jappie, as they viewed it as an attempt to unduly influence the process, as the defence should be present in discussions.
The NPA in Kwazulu-natal confirmed last night that the email was sent to the judge president.
Director of Public Prosecutions in KZN advocate Elaine Zungu said the correspondence was sent.
“Any issues arising will be dealt with during proceedings,” said Zungu.