PresidentJacob Zuma might not be the only high-ranking ANC official heading for the dock - his allies could also soon face prosecution as the National Prosecuting Authority finally bares its teeth.
On Friday, National Director of Public Prosecutions (NDPP) Shaun Abrahams reinstated the 16 counts of fraud, corruption, racketeering, money laundering and tax fraud against Zuma.
And with that, believes political analyst Professor Shadrack Gutto, will come more prosecutions of government officials and politicians as Zuma faces a strong case against them.
“It is unlikely that Jacob Zuma will be found not guilty on all of the charges that are on record, especially the evidence of Schabir Shaik,” said Gutto.
It has been speculated that Shaik will be an important witness in the prosecution’s case.
It was reported last night that Shaik had been subpoenaed, but his lawyer later denied this.
For political analyst Daniel Silke, Zuma’s prosecution signals the beginning of the end for his support base within the ANC. It would be slow, incremental attrition, he said.
But while Zuma and his influence on the ruling party was being eroded, Gutto did warn that his spectre would still loom large in next year’s elections.
He said that charging the former president would have a damaging effect on the ANC.
“The ANC was there supporting him when charges were dropped and public money was being spent, and how will the electorate view that?”
Gutto said opposition parties could take advantage of the public’s disapproval of the ANC’s handling of Zuma, but they would have to communicate this effectively during their electoral campaigning.
“It is not a foregone conclusion as the ANC will try and manoeuvre it and say they are now under a new leader,” he said.
Silke also warned that Zuma would now be a liability to the ANC.
“It is no good for Ramaphosa to keep him on the election battle bus, as he has charges laying over his head.”
He added that he probably had little electioneering value for the party now, even in KwaZulu-Natal.
But there are still hurdles to overcome in the former president’s prosecution, including an application by an NGO for the matter to be abandoned.
Abrahams said an application for the permanent stay of Zuma’s prosecution was recently filed at the Western Cape High Court by a non-governmental organisation he did not mention.
“I, along with the National Prosecuting Authority (NPA), have been cited as a respondent in this matter.
“I’ve instructed the State Attorney to brief senior counsel to oppose this application,” he said at the NPA’s Silverton, Tshwane, head office.
National Prosecuting Authority (NPA) head Shaun Abrahams briefs the media at the NPA’s offices in Pretoria.Picture: Oupa Mokoena/African News Agency (ANA)
The former head of state will appear in court with his co-accused, Thint Holdings Southern Africa and Thint (Pty) Ltd, both represented by Johannesburg-based businessman Pierre Moynot.
Both companies were owned by French arms manufacturer Thales.
Zuma might also need to raise funds for his defence team as DA leader Mmusi Maimane wants the government not to add to the R15.3million already spent by the former ANC president defending himself for over a decade.
The leader of the official opposition warned that should Zuma want to review Abrahams’s decision to reinstate the charges he must finance the multiple litigations himself as he has been found to be a delinquent litigant.
“The DA has pursued the matter for years 10 years. It’s a victory for the continued fight for accountability. Ultimately Jacob Zuma must have his day in court,” said Maimane.
In September last year, the DA said the spy tapes legal action cost taxpayers around R30mn.
The spy tapes were infamously used by then acting NDPP, Mokotedi Mpshe, to drop the charges against Zuma in April 2009, paving the way for him to be elected head of state a few weeks later.
The tapes were clandestinely recorded conversations between senior NPA officials discussing charging Zuma before or after the 2007 ANC national conference at which he was elected party president.
In making his final decision, Abrahams said he had considered Zuma’s representations, which failed, and concluded that there were reasonable prospects of a successful conviction.
Now the matter is in the hands of Moipone Noko, the director of public prosecutions in KwaZulu-Natal, who is expected to facilitate the necessary processes for Zuma and his co-accused to appear in court.