13 Oct 2014

South African president wanted corruption charges dropped because corruption is a 'Western thing'

One of the reasons President Jacob Zuma believed criminal charges against him relating to the arms deal should be dropped was because corruption is only a crime in a “Western paradigm”, City Press reports.
And even if it was a crime, Zuma’s lawyers apparently argued, it was a crime where there are “no victims”.
These startling insights into Zuma’s 2009 written representations to the National Prosecuting Authority (NPA) are contained in a detailed NPA analysis document, which City Press has obtained.
This synopsis is attached to a memorandum dated 3 March 2009 and drawn up by Advocate Billy Downer, the senior state prosecutor who was seconded to the now defunct Directorate of Special Operations (DSO, also known as the Scorpions) for the Zuma investigation.
At the time, Zuma had already been elected president of the ANC but was not yet president of the country. Zuma’s lawyer, Michael Hulley, made representations to the NPA for the charges against him to be dropped.
The document indicates that page 22 of Zuma’s 88-page written submission deals with one of Zuma’s arguments, which the prosecutors restate as follows: “Western paradigm brands this criminal.”
“This” is probably a reference to the types of loans Zuma’s ex-financial adviser, Schabir Shaik, claimed to have innocently given him. Shaik was eventually convicted.
In their scathing response to this point, the prosecutors write: “The law prescribes that it is criminal. Until the law is amended to provide that institutionalised cronyism is not criminal, the ‘Western paradigm’ will have to be accepted.”
The response to the argument that there are no victims to the crime is similarly dismissive: “There are victims. The general public.”
Based on this synopsis, Downer’s memorandum emphatically recommends that the NPA rejects Zuma’s representations.
“Our conclusion is that even in respect of those issues regarding the merits that Zuma does address, there is no adequate answer to the state’s allegations.
“If anything, Zuma’s representations confirm the structure of the general corruption.”

The document also reveals that Hulley apparently argued that one of the considerations that militated against Zuma’s prosecution was that it would cause “general unrest through dissatisfaction with the NPA”.
Downer and the other prosecutors labelled this “blackmail”. “The argument is just as much that not prosecuting will lead to mass dissatisfaction.”
Downer makes a similar point about the so-called spy tapes – intercepted recordings of telephone conversations between the ex-head of the DSO, Leonard McCarthy, and former NPA head Bulelani Ngcuka – saying they amounted “to little more than blackmail”.
“They should be reduced to writing under oath and presented in the normal course, if Zuma wishes to continue to rely on them.”
This week, City Press was granted access by the court to various documents that have been handed to the DA in its court application to have acting NPA head Mokotedi Mpshe’s decision to drop corruption charges against Zuma overturned.
Included among them is the memorandum referred to by Ngcuka in the Sunday Times last week, which he used to accuse Mpshe of misleading the public about the reasons the charges were dropped.
The Scorpions memorandum Ngcuka referred to, dated 6 December 2007, makes it clear that Mpshe had already made a “final decision” that Zuma would not be charged until after the ANC’s 2007 elective conference in Polokwane.

1 comment:

  1. TNB! business as usual in any black run country!