Court clears way for Zuma graft prosecution

South Africa opposition Democratic Alliance party had sought to reactivate 783 charges

South Africa’s Supreme Court of Appeal ruled yesterday that President Jacob Zuma can face prosecution on almost 800 charges of corruption relating to a 1990s arms deal.

Zuma had lodged a challenge at the court in Bloemfontein after a lower court decided in 2016 to reinstate charges that were previously dropped by prosecutors. The National Prosecuting Authority must now decide whether to pursue a prosecution.

“The reasons for discontinuing the prosecution given... do not bear scrutiny,” said Supreme Court judge Eric Leach, who read the ruling which Zuma could now contest on appeal to the Constitutional Court, South Africa’s highest.

The opposition Democratic Alliance party had sought in 12 court appearances since 2009 to reactivate 783 charges regarding controversial post-apartheid military contracts that have dogged Zuma for much of his time in government.

The president, who is accused of corruption, fraud, moneylaundering and racketeering, has always insisted he is innocent. Just back in South Africa from a visit to Zambia, he has yet to comment on the judgement.

Zuma and other government officials were accused of taking kickbacks from the $5 billion (Dh18.4 billion; 4.2 billion euros) purchase of fighter jets, patrol boats and other arms manufactured by five European firms, including British military equipment maker BAE Systems and French company Thales.

Shaikh convicted

In 2005 Zuma’s former financial adviser Schabir Shaikh was convicted for facilitating bribes in exchange for military hardware contracts and sentenced to 15 years in prison. He was later released on medical parole.

Charges were first brought against Zuma in 2005 but dropped by prosecutors in 2009 before their reinstatement some seven years later.

Constitutional expert Lawson Naidoo described the Supreme Court judgement as a “significant blow” for Zuma.

The Supreme Court heard arguments last month against reinstating the charges, but in an unexpected twist Zuma’s lawyer Kemp J Kemp agreed the decision by prosecutors to drop them in the first place was irrational.

The Supreme Court ruling could intensify calls for Zuma to resign and cast a shadow over a conference of his ruling African National Congress (ANC) party, due to be held in mid-December, which will elect his successor.

The case is the latest in a string of political and legal scandals that have haunted Zuma but failed to shake his grip on power.