Mpshe gives up Bench, stands firm on Zuma graft charges

Advocate Mokotedi Mpshe tells Nabeela Shaikh he's had enough of insecurity. Picture: Siphiwe Sibeko

Advocate Mokotedi Mpshe tells Nabeela Shaikh he's had enough of insecurity. Picture: Siphiwe Sibeko

Published Aug 28, 2016

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Durban - The man who let President Jacob Zuma off the hook left his high-profile position as a Land Claims Court judge in May and has gone into private practice.

Two weeks ago, Mokotedi Mpshe SC, appeared in the Durban Commercial Crime Court, representing a couple charged with fraud.

It was his first case since he had made the decision.

Mpshe is based at the High Court chambers in Pretoria and is part of the Pretoria Society of Advocates.

In an interview with the Sunday Tribune, Mpshe said he had left his position on the bench because he could no longer deal with “uncertainty” in his life. He had been an acting judge for the past three years.

“I am 67 years old and I am passionate about what I do. But when you don’t know whether you will be in a position permanently it creates instability in your life. Positions were advertised, I applied and they were later withdrawn.

“There are no posts for judges.” He said he was happy with his decision and planned to continue practising until he reached 80.

“I do not aspire to be a judge any more. I enjoyed my years and it is time to move on. I would like to fight for justice and fairness for my clients.”

Mpshe was the former Director of Public Prosecutions (DPP) for the National Department of Justice. From 1998 to 2002, he was the provincial DPP for KZN.

He said he held KZN close to his heart because of his time spent in the province.

“KwaZulu-Natal is the province that taught me what prosecution is all about. I learnt so much during my time there. It taught me about the importance of law and order and this is the province that opened my eyes in terms of its practices,” said Mpshe.

In 2007, Zuma was charged with corruption (related to his links with convicted fraudster Schabir Shaik). Two years later, Mpshe was responsible for withdrawing the charges against him.

The charges were withdrawn following representations from Zuma which included conversations that had been taped and allegedly showed a conspiracy against Zuma. The tapes were secret recordings of Scorpions head Leonard McCarthy discussing the timing of charging Zuma, in a bid to influence the outcome of the ANC’s Polokwane conference in December 2007.

Mpshe said he had “no regrets” about his decision.

“I made the right choice and I will stand by it,” he said.

At the end of April, a full bench of the South Gauteng High Court made a unanimous judgment that Mpshe’s decision to drop charges against Zuma was irrational.

The Department of Justice did not respond to queries at the time of going to press.

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Sunday Tribune

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