Did Deputy President Jacob Zuma defraud parliament? This is one of the possible questions raised by the Scorpions and could be the reason for information sought by them to which Zuma must reply by Thursday.
In March, Tony Yengeni became the first person in South African legal history to be charged with defrauding parliament. He pleaded guilty.
The crime was constructed as follows: As an MP, Yengeni had certain responsibilities and had to adhere to a code of conduct. He made misrepresentations to parliament about his Mercedes 4x4. When he was caught out, it caused prejudice to parliament as the institution was demeaned in the eyes of the voters.
Is this the crime, defrauding parliament, for which Zuma is being investigated by the Scorpions? Reliable sources say it is at least one of them - and that Zuma's legal team are well aware of it.
Some of the documentation that the Scorpions asked Zuma to supply earlier this month also hint at this conclusion. Their request was for, among other things, Zuma's declaration in the members' register and the parliamentary code of conduct.
They have also asked for a copy of a statement released by President Thabo Mbeki's office on September 9, 1999. The statement dismissed rumours that Zuma was implicated in possible corruption surrounding the arms deal.
Now the Scorpions want to know from Zuma what these allegations were and what exactly the president said in his statement.
The statement said:
- Zuma had no financial interests in World Wide Africa Investments Limited.
- During his tenure as KwaZulu-Natal MEC for economic affairs, he was briefed on various business ventures in the province. One such briefing included a presentation by the chief executive officer of Nkobi Holdings, Schabir Shaik. (Zuma later said Shaik was his personal financial adviser and friend.)
- At no stage was Zuma requested to take a stake in any company owned by Shaik.
- The presidency rejected any insinuation that Zuma was implicated in shady arms deals.
The Scorpions have now requested that Zuma supply them with "particulars of your relationship with African Defence Systems (one of Shaik's companies), any shares directly or indirectly held in the company and any financial interest in the business of the company".
In the members' register, Zuma has declared a few small gifts, but wrote "not applicable" in respect of shares, directorships and partnerships.
Zuma has previously labelled the arms deal probe as "tantamount to a fishing expedition". On Tuesday night his spokesperson, Lakela Kaunda, said: "We are not aware of any investigation about the deputy president defrauding parliament. His members' register is up to date. If there was a problem, parliament would have let us know."
Further information required by the Scorpions relates to what they termed Zuma's alleged involvement with the Nkobi group of companies and the business or shareholders of StarCorp, Clanwest Investments, Floryn Investments and Workers College. According to the company register, Shaik is named as a director in all of these companies.
Other information required by the Scorpions was:
- Specific references to "the role of parliament in the (arms) acquisition process and the business interest and involvement of the Nkobi Group (holding 20 percent in ADS through Thomson-CSF) in the corvette programme".
- Any financial benefits received directly or indirectly from 1995 to date from, among others, Schabir Shaik, Nkobi Holdings, Thomson CSF/Thales entities.
Zuma has reiterated that he is not guilty of wrongdoing. National Directorate of Public Prosecutions spokesperson Sipho Ngwema said Zuma has until Thursday to comply with the Scorpions' request.
Richard Young, CEO of C2I2, a losing arms deal bidder, commented: "The end is nigh - one way or another."
The Arms deal
In December 1999 the government entered into a multibillion-rand deal - the biggest in South African history - to buy ships, submarines, fighter jets and helicopters.
Manufacturers that won tenders were required to reinvest a certain percentage of the contract locally.
Allegations of conflict of interest, bribery and fraud soon surfaced.
In March 2003, former African National Congress chief whip Tony Yengeni was sentenced to four years' jail for receiving a luxury car at a considerable discount from a company involved in the deal and then lying to parliament about it. He was chairperson of parliament's defence committee when the arms deal was negotiated.
The time line
- 1999
Former Pan African Congress MP Patricia de Lille calls for an investigation into claims that senior ANC politicians received kickbacks from contractors involved in the controversial arms deal.
- One of the allegations is that deputy president Jacob Zuma attempted to solicit R500 000 from a French company which benefited from the deal, offering to protect it during investigations into the arms deal.
- September 1999
The Office of the President issues a statement denying that Zuma had been involved in a commercial deal with Nkobi Holdings CEO Schabir Shaik during his tenure as MEC for economic affairs in KwaZulu-Natal.
- February 2001
Zuma urges parliament's standing committee on public accounts to produce evidence of alleged malpractice in the arms deal.
- April 2001
It emerges that Shaik manages a bank account used to pay for Zuma's children's studies. Zuma says Shaik is his personal financial adviser.
- November 2002
Zuma denies allegations about the R500 000 bribe.
- December 2002
Zuma's office again denies reported allegations that he may have financially gained from the arms deal.
- February 2003
Another denial from Zuma's office.
- March 2003
Zuma denies the allegations in parliament. He says he did not know that he was under investigation.
- July 2003
After the publication of a list of questions that the Scorpions want him to answer, Zuma says he is not guilty of any wrongdoing.