SOUTH AFRICA: Prosecutors drop graft charges against ruling party leader Jacob Zuma

Record ID: 454629

  • Title: SOUTH AFRICA: Prosecutors drop graft charges against ruling party leader Jacob Zuma
  • Date: 7th April 2009
  • Summary: PRETORIA, SOUTH AFRICA (APRIL 6, 2009) (REUTERS) NEWS CONFERENCE WITH ACTING CHIEF PROSECUTOR MOKOTEDI MPSHE ADDRESSING MEDIA (SOUNDBITE) (English) ACTING CHIEF PROSECUTOR MOKOTEDI MPSHE, SAYING: "Prosecutors have an inescapable duty to secure fair and just treatment of those who come or are brought before them. Fair trial is not the only test of abuse of process. Abuse of process may occur on it's own either because: (1) it will not be possible to give the accused a fair trial, or (2) it will offend one's sense of justice, integrity and propriety to continue with the trial of the accused in the particular case. Discontinuation is not a disciplinary process undertaken in order to express one's disapproval of abuse of process; it is an expression of one's sense of justice and propriety." PROSECUTOR BILLY DOWNER SEATED (SOUNDBITE) (English) ACTING CHIEF PROSECUTOR MOKOTEDI MPSHE, SAYING: "I must state upfront that in listening to the discussions and reading whatever transcripts and documents that we had, we could not find any trace indicating that the president was involved in all of this, we could not find that." JOURNALISTS WORKING ON THEIR LAPTOPS (SOUNDBITE) (English) ACTING CHIEF PROSECUTOR MOKOTEDI MPSHE, SAYING: "I never at any given moment suspected that there maybe something behind this push (push to prosecute Zuma) and therefore whatever I did at that time I was under no influence by any other person. It's now that on hindsight, I realise that, shit... (laughter), I realise that something was happening at that stage. Sorry about that." MEMBER OF THE MEDIA SEATED (SOUNDBITE) (English) ACTING CHIEF PROSECUTOR MOKOTEDI MPSHE, SAYING: "The NPA is thus confident that its decision is based on information that was intercepted legally and obtained legally by the NPA." PEOPLE ATTENDING NEWS CONFERENCE PRETORIA, SOUTH AFRICA ( APRIL 06, 2009) (REUTERS) POLICE WATCHING A PROTEST BY OPPOSITION PARTIES POSTER SAYING: ZUMA SING UMSHINI INSIDE JAIL PROTESTERS SINGING: WE DON'T WANT ZUMA (SOUNDBITE) (English) UNNAMED PROTESTER, SAYING: "It is a very grave day in South Africa, our forebears fought for the freedom so that you and me and all South Africans can be equal before the law, our constitution and our justice system are the pillars that uphold our freedom in this society." MORE OF PROTESTERS SINGING AND CARRYING POSTERS MORE OF POLICE WATCHING THE PROTESTERS (SOUNDBITE) (English) UNNAMED ANC SUPPORTER SAYING: "I think the NPA, has done a very good job, because as members of the ANC we have been saying that, this thing (prosecution of Zuma) is actually a political plot and now we are happy that South Africa is going to have a very good leader like Jacob Zuma, who has been loyal and has been consulting always, we are so excited." (SOUNDBITE) (English) OPPOSITION PARTY (DA) LEADER, HELLEN ZILLE, SAYING: "Well, this is a disgraceful day for South Africa. Nothing that the NPA said justifies withdrawing the charges against Jacob Zuma. What we saw here was a show trial two weeks before an election to present Jacob Zuma as a victim, as an innocent victim, which of course we know he isn't. Nothing takes away from the fact that he's got 783 charges of corruption, fraud, money laundering, you name it, against Jacob Zuma, all of which stood up as a prima facie case. If anybody in the National Prosecuting Authority must use their position, they must also be charged, but it is no reason at all to withdraw the charges against Jacob Zuma." HELLEN ZILLE WALKING AWAY
  • Embargoed: 22nd April 2009 13:00
  • Keywords:
  • Location: South Africa
  • Country: South Africa
  • Topics: Legal System,Domestic Politics
  • Reuters ID: LVAA5DVCZY7RXC9KDRG44I6DONS4
  • Story Text: South African prosecutors dropped corruption charges on Monday (April 6) against ruling party leader Jacob Zuma, who is expected to become president, ending a long legal battle that had raised doubts over his ability to govern.
    Acting chief prosecutor Mokotedi Mpshe said the former head of the elite Scorpions anti-crime unit had manipulated the legal system and said "abuses" uncovered in taped conversations were behind the decision to drop the charges.

    "Prosecutors have an inescapable duty to secure fair and just treatment of those who come or are brought before them. Fair trial is not the only test of abuse of process. Abuse of process may occur on it's own either because: (1) it will not be possible to give the accused a fair trial, or (2) it will offend one's sense of justice, integrity and propriety to continue with the trial of the accused in the particular case. Discontinuation is not a disciplinary process undertaken in order to express one's disapproval of abuse of process; it is an expression of one's sense of justice and propriety,"
    Mpshe told a news conference.
    The National Prosecuting Authority (NPA) said the case was closed and no further charges would be brought against Zuma, whose ANC party is widely expected to win an April 22 election and choose him as president of Africa's biggest economic power.
    Underlining what he called the "manipulation" of the legal system, Mpshe read out excerpts of taped conversations between then Scorpions chief, Leonard McCarthy, and former NPA head Bulelani Ngcuka.
    In the expletive laden recordings, the pair discussed timing the charges against Zuma to cause political damage.
    Mpshe told a news conference there was no conclusive evidence that former President Thabo Mbeki -- Zuma's arch foe -- was involved, saying it was not clear whether a "big man" mentioned in the conversations was indeed Mbeki.

    "I must state upfront that in listening to the discussions and reading whatever transcripts and documents that we had, we could not find any trace indicating that the president was involved in all of this, we could not find that," said Mpshe.

    "I never at any given moment suspected that there maybe something behind this push (push to prosecute Zuma) and therefore whatever I did at that time I was under no influence by any other person. It's now that on hindsight, I realise that, shit... (laughter), I realise that something was happening at that stage," added Mpshe However some analysts said dropping the charges on a technicality without establishing Zuma's innocence meant the eight-year-old allegations of corruption, fraud, money laundering and racketeering would continue to dog him.

    "It is a very grave day in South Africa, our forebears fought for the freedom so that you and me and all South Africans can be equal before the law, our constitution and our justice system are the pillars that uphold our freedom in this society," said one of the protesters in Pretoria, where the announcement was made.

    "I think the NPA, has done a very good job, because as members of the ANC we have been saying that, this thing (prosecution of Zuma) is actually a political plot and now we are happy that South Africa is going to have a very good leader like Jacob Zuma, who has been loyal and has been consulting always, we are so excited," added the Zuma supporter.
    The case has been closely followed by investors looking for political stability as the economy teeters on the brink of recession and has raised questions about the independence of South Africa's judiciary.
    The rand currency firmed slightly, trading at 8.9850 against the dollar at 1127 GMT, from 9.01 before the announcement.
    Investors welcomed the move because it removed political uncertainty and virtually ensures that Zuma, who has vowed to stick to the ANC's business-friendly policies, will become the next president.
    Some analysts argue Zuma will now be able to focus on dealing with the ripple effects of the global financial crisis in Africa's biggest economy, as well as tackling poverty, crime and HIV/AIDS, without graft charges hanging over him.
    Longer term, however, the decision may deepen concerns about the independence of South Africa's legal system and damage the country's image with investors and abroad. South Africa portrays itself as a model of human rights and democracy.
    Zuma, who denies wrongdoing, has said he was the victim of a political conspiracy while his opponents have accused the ANC of back-room deals to clear his name.
    The decision comes just over two weeks before the election, in which the ANC faces an unprecedented challenge from the new Congress of the People (COPE) party, which hopes to lure voters uneasy with the ANC's record on corruption.

    "Well, this is a disgraceful day for South Africa. Nothing that the NPA said justifies withdrawing the charges against Jacob Zuma. What we saw here was a show trial two weeks before an election to present Jacob Zuma as a victim, as an innocent victim, which of course we know he isn't. Nothing takes away from the fact that he's got 783 charges of corruption, fraud, money laundering, you name it, against Jacob Zuma, all of which stood up as a prima facie case. If anybody in the National Prosecuting Authority must use their position, they must also be charged, but it is no reason at all to withdraw the charges against Jacob Zuma," said Hellen Zille, leader of the opposition party, Democratic Alliance (DA).
    Prosecutors said the decision did not amount to an acquittal of Zuma, and the charges would only be formally withdrawn after a court hearing.
  • Copyright Holder: REUTERS
  • Copyright Notice: (c) Copyright Thomson Reuters 2011. Open For Restrictions - http://about.reuters.com/fulllegal.asp
  • Usage Terms/Restrictions: None
Register