Ruling puts JZ on the spot

PLAYING CAT AND MOUSE: NPA head Shaun Abrahams

PLAYING CAT AND MOUSE: NPA head Shaun Abrahams

Published Oct 12, 2016

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T HE POSSIBILITY of President Jacob Zuma again facing a criminal trial over 783 counts, including alleged corruption, fraud, money laundering and racketeering, now looms large.

This is after the Supreme Court of Appeal (SCA) ruled yesterday that the case be heard in an open court, a verdict which effectively reinstated charges against him.

Zuma appeared to run out of options last week when the Constitutional Court refused to hear an appeal against the ruling by the high court in Pretoria that the decision by the National Prosecuting Authority to drop the 783 charges against Zuma was “irrational” and that it should be set aside.

The NPA was not party to yesterday's proceedings at the SCA, where Zuma was petitioning judges for leave to appeal the Pretoria high court ruling. After a hearing behind closed doors, the SCA made an order that the matter, which is being opposed by the DA, be heard in an open court.

Following the SCA’s ruling yesterday, NPA head Shaun Abrahams said the NPA was still mulling its next step. He said the NPA was taking legal advice.

“The leadership of the institution (NPA) have consulted with senior counsel on the matter and we are currently considering our position,” said Abrahams, who was facing questions in the National Assembly. “Of course we’ll consider our approach in respect of the matter and make a decision in due course…”

The so-called spy tapes matter has been dragging on for more than 15 years, when then NPA head Bule-
lani Ngcuka first said he was not going to charge Zuma with corruption. This was after Zuma's former financial adviser, Schabir Shaik, was charged for corruption.

The DA said the SCA’s ruling was an unusual decision but added they would be in court to ensure that the corruption charges against the president were reinstated.

This comes as Public Protector Thuli Madonsela was due to release her report into state capture tomorrow. The Gupta family, who are Zuma’s friends, are implicated for their alleged role in the appointment of cabinet ministers and benefiting from government tenders.

As Zuma’s legal problems appear to mount, a video showing him danc-
ing the night away in a circle with his wife and other politicians at a state dinner on his last night in Kenya went viral. In the video, which starts with Ndihamba Nawe by Mafikizolo, the president can be seen taking centre stage.

The video enraged many South Africans who felt that the president was ignoring local affairs, including the fees protests and the upcoming court appearance of Finance Minister Pravin Gordhan.

News24 reported that bank stocks lost R34 billion on Tuesday after the NPA charged Gordhan.

Meanwhile, Abrahams confirmed in Parliament he would reconsider the prosecution of Gordhan if the minister wrote to him.

But Gordhan’s lawyers earlier warned that Abrahams had refused to hear their legal representations and proceeded with the charges.

Gordhan’s prosecution has led to a groundswell of support for him, with ANC stalwart Ahmed Kathrada calling on former president Kgalema Motlanthe, Barbara Hogan, Max Sisulu and other ANC stalwarts to come out in their numbers to support Gordhan when he appears in court next month.

Kathrada said they would be in court on November 2 to support Gordhan. He also called on all democratic-minded South Africans to come out and support Gordhan.

“I will be there to accompany Pravin to court. I’m sure I will be joined by other board members of the Kathrada Foundation, who include Derek Hanekom, Laloo Chiba, Max Sisulu, Kgalema Motlanthe, Barbara Hogan, Prema Naidoo and Sophia Williams-
De Bruyn,” said Kathrada.

The Centre for Development and Enterprise said the move to charge Gordhan was to remove him from the National Treasury to allow Zuma to appoint a pliant ally and loot the Treasury. It called on those in government to prevent Zuma from axing Gordhan.

Abrahams has also come under fire from opposition MPs on the timing of his decision to charge Gordhan. He was questioned on the nature of the charges and told there were many public officials who have flouted the Public Finance Management Act but were never charged.

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