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On Friday Shaun Abrahams, now dancing for a new puppet master, announced that Jacob Zuma would have to face 16 charges – one count of racketeering, two of corruption, one of money laundering and 12 counts of fraud.
I’m sure that more than a few bottles of bubbly were popped around the country – even Mmusi Maimane got in on the act – and it was a fine way to kick off the weekend.
But, and you knew there would be a but, he is a long way off ending up behind bars. As Business Day reports, there is still much work to be done:
Former president Jacob Zuma is likely to take the decision to proceed with charges against him on legal review, says his attorney Michael Hulley.
It is now up to the director of public prosecutions in KwaZulu-Natal, Moipone Noko, to facilitate the process for Zuma to appear in court.
In a short statement at the weekend, Hulley indicated he was not satisfied with the reasons given by Abrahams for his decision to prosecute Zuma. “The rationale for this decision is not clearly apparent from the communication, nor is the basis for the refusal. In the circumstances, the likely course of action would be to take the decision of the NDPP [national director of public prosecutions] on review.”
Hulley, however, said this decision would be taken only after careful consideration and consultation with Zuma. A review of Abrahams’s decision could further delay the matter, which has been dragging on for almost a decade.
JZ sure does know how to drag things out, doesn’t he?
The usual suspects have rallied behind the former president, with Umkhonto weSizwe Military Veterans’ Association (MKMVA), the ANC Women’s League and the ANC Youth League all saying that they will support Zuma throughout his trial.
Then there is also something that comes out of left field:
…an application for a permanent stay of prosecution has been brought by the little-known South African Natives Forum. It is not clear what this nongovernmental organisation does or who runs it, but the application was lodged a few weeks before Abrahams announced his decision.
The forum rests its argument largely on a 2004 public protector’s report, which said that former National Prosecutor Authority head Bulelani Ngcuka had violated Zuma’s rights. It argues that if the “gross constitutional violations” in the Zuma case were ignored and the prosecution against Zuma sanctioned, it would mean “sanctioning a politically motivated criminal prosecution … and send[ing] a chilling message that our constitutional dispensation is incapable of offering protection from abuse of the criminal process to achieve purposes other than those sanctioned for the criminal prosecution of crimes”.
Sure thing, chaps.
You ready for a little dampener on your Monday, in case you were somehow feeling chipper? According to a legal expert who spoke to the Citizen, “Zuma’s defence strategy is pretty smart and has every chance of succeeding”.
Believe it or not, it hinges on whether or not courts believe he was simply ignorant:
What Zuma is doing is actually fairly clever because he’s using the one defence I think is open to him,” said [Wits associate professor of law advocate James] Grant.
“Which is to say: ‘Yes, all of these things happened as a matter of fact, I received the money and Schaik paid me all of these things and gave me all sorts of wonderful benefits.
“He was being a crook, but I didn’t know he wanted me to do special things for him. I thought it was just how one does business.’”
…Intent is a legal requirement to prove a contravention of law.
I know ignorance is bliss, but is someone actually going to buy the notion that JZ thought Schaik was simply feeling generous?
Then again, this is a man who said he showered after unprotected sex and thus couldn’t contract HIV.
More on what’s to come:
With the NPA having tracked down 218 witnesses, NPA spokesperson Luvuyo Mfaku said yesterday the KwaZulu-Natal director of public prosecutions, Moipone Noko, would approve a date with Zuma’s attorney, Michael Hulley.
Noko will also appoint the prosecutor in the matter. Senior advocate Billy Downer – who ensured Shaik’s conviction and pushed for Zuma to go on trial – is a likely candidate, being intimately acquainted with the matter.
Billy, wherever you are – South Africa needs this.
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