Zuma charges dropped. Key extracts from Mokotedi Mpshe’s NPA announcement 6 April 2009, 11:10 GMT + 2
THE NPA has dropped charges against Jacob Zuma. Making the announcement this morning, the NPA’s Mokotedi Mpshe said:
“I stand before you today to announce the most difficult decision I ever made in my life. I had the privilege of listening to the inputs and comments of eminent jurists of the NPA. It was then and is still difficult for me to comprehend that what happened below happened.
“Our democracy will have to find ways to learn from this bitter experience and to build a stronger and more independent NPA.
“This is a decision of great importance to the NPA and it was vital that he process be done thoroughly and properly.
“Although I can understand that the matter at hand is an issue of great public importance.
“Much speculation was based on information that was patently wrong and has continued to be reported even when denied by the NPA.
“The NPA was not presented with any further evidence or information about the arms deal. Nor was the NPA deeply divided on this issue. I can say without hesitation that no-one was of the view that this was an easy and clear-cut decision to make.
“Ultimately, I take full responsibility for the decision I make.
“The representations included written as well as oral representations … and we were given access to certain recordings.
“I need to state upfront that we could not find anything on the first three grounds that militate against the continuation of prosecution.
“In the course of the representations, the defence made certain very serious allegations. The NPA decided to listen to these recordings. It felt that it should do so despite the fact that it was not clear whether the conversations were intercepted legally.
“NIA confirmed to the NPA that it had indeed legally obtained recordings. NIA indicated that it was able to share this legally with the NPA.
“Thus the NPA was able to make transcripts.
“The NPA has decided to make its contents public. The transcripts have been declassified.
“We have also been in contact with Mr Bulelani Ngcuka and Mr McCarthy. Mr Ngcuka responded to a set of questions.
“Prosecutors have an inescapable duty to secure fair process for those who come before them.
“Discontinuation is not a disciplinary process undertaken to express ones disapproval of a process.
“A fair and just criminal system should not accept the attitude that the ends justifies the means.
“There must be something so gravely wrong as to make it unconscionable to a trial not go on.
“An abuse may occur through the acting of the prosecution. But it may also occur through any acts or omissions in the conduct of the trial itself.
“I shall not quote everything in all the conversations that we listened to, but I will highlight some of the conversations that I feel do add value to what is going to be in my decision.
He then quoted conversations between Leonard McCarthy and Bulelani Ngcuka in which they discussed the timing of charges against Zuma.
“Here, like I’ve said it was about the timing of announcing the charges”
He quoted another recording discussing ANC provincial nomination conferences.
“Leonard McCarthy says: I have done exactly what you wanted me to do. I want you to remember that at this time Bulelani was no longer in the NPA.
Then he quoted McCarthy saying:
“The team says we have been fucking around with this thing … we must now take action and deal with this thing finish and klaar as Jackie Selebi says.
“The when factor is an apparent reference to whether or not Mr Zuma should be charged before or after Polokwane.
He quoted Ngcuka saying: “You can’t do it this weekend. Just don’t do it this weekend.”
And: “If this thing comes out the way we discussed it yesterday, it will be a devastating one for them.
Another recording on a discussion about filing constitutional papers.
“Bulelani: Can you deliver a draft to my place? Leonard: I don’t want intermediaries here. Zuma will say we are conspiring against him.”
He quoted from a conversation referring to Mbeki.
“I am Thabo man. I mean we are still wiping the egg and blood from our faces. We are planning a comeback strategy and once we have achieved that we will clean up all around us. Bye.”
“It is against this broad principle of the abuse of process that the conduct of Mr McCarthy must be considered.
“It would be unconscionable for the trial to continue.
“An intolerable abuse has occurred.
“In the present matter the conduct consists in the timing of the charging of an accused person.
“Abuse of process through conduct which perverts the judicial or legal process offends against one’s sense of justice. Mr McCarthy used the legal process for a purpose outside and extraneous to the prosecution itself.
“Mr McCarthy … manipulated the legal process. Mr McCarthy used the legal process for a purpose other than the purpose for which the process was designed. Mr McCarthy amounts to a serious abuse of process. It was pure abuse of process.
“I have come to the difficult conclusion that it is neither possible no desirable for the NPA to continue with the prosecution of Mr Zuma.
“Let me state for the record that the prosecution team itself had recommended that the prosecution continue. However I believe that the NPA has a special duty .. to ensure that its conduct is at all times above reproach.
“I feel personally wronged and betrayed.
“We did not find any evidence that (Mbeki) was involved in these discussions.
“We did not send any questions to him because we could not find anything to indicate his involvement.
The briefing was attended by all the NPA’s top brass, including:
Advocate Billy Downer
Dr Silas Ramaite (Deputy National Director Public Prosecutions)
Willie Hofmeyr (Deputy National Director Public Prosecutions)
Tags: announcement, Bulelani Ngcuka, charges dropped, constitution, conversations, drop, Jacob Zuma, Leonard McCarthy, Mokotedi Mpshe, NIA, NPA, prosecution, recordings
42 Comments so far:
Greg on April 6th, 2009
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Whites should accept once anD for all, what they cannot change. Zuma is our President. He is not a criminal. You guys created these things in order to blackmail him. He has won. Please work to make his government successful.
City Slicker on April 6th, 2009
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A sad day indeed for democracy in South Africa
Sola on April 6th, 2009
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Good thanks
AN on April 6th, 2009
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WHAT A HORRIBLE DAY….IM LEAVING SA…CANT SUBMIT TO ZUMA’S GOVERNANCE. EXCUSE ME.
Eli Jikelele on April 6th, 2009
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Now Zapiro can complete his cartoon. The rape is complete … Jacob Zuma and his thugs have used the taxpayers money to force himself on the whole South African nation.
I still remember how the Zimbabweans used to cheer Mugabe as he started with his excesses and gross intolerance. They encouraged him as he acted against the media or anyone who held an opposing view. Nobody is laughing and cheering in Zimbabwe now.
Come on people, we have to stand together irrespective of our political affiliations and stop this rotten ANC regime before it is too late. They are intent on creating a one-party communist state and they will definitely rewrite our constitution.
Let’s give these fat pigs a big kick in these lazy behinds.
Sizwe on April 6th, 2009
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I personally thank God through the Lord ************. Indeed God fight for the defenseless.
2/3 certain!
Craig on April 6th, 2009
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It’s really a sad day for our nation… Zuma is off the hook. Now ANC hooligans can do whatever they want…..
Lord save this nation….
cya on April 6th, 2009
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Thiis is by far the sad day for south african democracy and i as a young person leaving in SA fail to see how are going to have the so-called fearless , powerful politicians brought in to order and to answer for their irregularities. i hate myself for sharing a space with such power hungry, hipocritical human biengs as our leaders.
Eli Jikelele on April 6th, 2009
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Zaprio can now complete his cartoon series. Zuma and his thugs have now finally concluded the wholesale rape of our judiciary and the whole rainbow nation. It is over for the ANC. Every single member of the ANC must take the shame on their shoulders. Nobody can say that they did not know what they were supporting. Let history show how Cyril Ramaphosa, Trevor Manuel,Tokyo Sexwale and hundreds of other “leaders” have stood by and covered their eyes, ears and mouths.
I can now never return to the ANC fold as they disgust me deeply. This is another shameful day in the history of South Africa. I hope all the ANC supporters enjoy their happy celebrations because it will not last long.
Remember Mugabe… Zanu-PF…. and Zimbabwe.
Bhekifa Shabangu NST on April 6th, 2009
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I believe SA people need to though about politics and law especial the like of Madam Zille. What do these insignificant political analist and opposition parties really want? I was happy today when the NPA barred Madam Hellen Zille from entering the National Prosecuting Authority press conference this morning because its law institution not politics.
When decisions in court or everywhere went against Zuma, they rejoice and applaud the independence of these institutions. When decisions go the other way, suddenly these very same institutions are been questioned, with words like “in the pockets of Zuma”, “no judicial independence”, “constitution under threat”, “blackmail” and a host of other insults. The ANC leadership were attacked when they branded senior judges as “counter revolutionaries”! For example JZ did not win one case in the SCA or the Concourt!
My question is simple, where were the outrage when the same NPA made agreements with murderers, drug dealers, armed heist suspects and other worse criminals? These same opposition parties were silent! They must now come out openly and say whether they support these measures to give amnesty to those individuals who flood our communities with drugs. As from today opposition parties the likes (UDM, DA, ID and micky mouse COPE) please do not use politics for fight one another because the day like this will come to you. Congratulation Mr Pres Zuma. VIVA ANC VIVA MSHOLOZI. Hellen Zille now is the time to respect your presedent.
Nkosinathi Khanyile on April 6th, 2009
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Was Judge chris nicholson wrong??????????????
Halala!!! Msholozi, I agree umanxebanxeba ushawe izinsizwa okhule nazo.
No wonder Pallor Jordan chased these bustards like dogs.
Take your machine, and lets work on this COPE.
Litha on April 6th, 2009
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Eish, the plot thickens!
JBG on April 6th, 2009
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This is truly a very dark day for South Africa, because this result has come about because every single major institution in this constitutional democracy has become seriously, if not fatally, compromised as a result of this matter– the presidency, the NPA, the courts… this democracy is in an incredibly fragile state at the moment. I pray that perhaps these institutions may somehow be restored, but right now, I am not that hopeful.
xolani makwedini on April 6th, 2009
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It very interesting times for AZANIA/S.A, God bless AFRICA. It think it could have been better for the old guy to have his day in court because there are lots of questions against him. And that as the rape case against will haunt him for a long time coming.
Bhekifa Shabangu NST on April 6th, 2009
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ZUMA UNSTOPABLE TSUNAMIN. TODAY ITS HAPPY DAY IN SOUTH AFRICA AND EVEN INTERNATIONAL.
Sifiso on April 6th, 2009
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Thank God, I always thought that this is possibly politically motivated…..the phone recordings gave it all away…….
Viva Zuma Viva!!!!!!!!!
Tebogo Letlalo on April 6th, 2009
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very sad day indeed.
Thando on April 6th, 2009
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Ooh! God is Good! Halala Msholozi! WORKING TOGETHER WE CAN DO MORE!
Dumza on April 6th, 2009
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All I can say is that this is the first step for South Africa heading towards a Zimbabwe status. If Zuma and his cronies are able to influence the NPA now, what will happen when he walks through the Union buildings offices. They call all celebrate today, but history will judge them harshly. Ordinary South Africans are watching and will make their voices heard come 22nd April.
VIVA COPE, VIVA!!!
Tshidi Mokoena on April 6th, 2009
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Good or bad? I don’t know. What I know for sure is that it does not give me the comfort to call Mr Zuma “MY PRESIDENT” with real pride. Only a decision by the court of law would have been able to give me that comfort.
Paul Solomon on April 6th, 2009
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The comeback strategy reffered to is the formation of COPE.Some people who thought that they owned da ANC were ousted in Polokwane. Another reason for the disbandment of the Scorpions( national threat) Thus the bitterness & lies spread about da ANC & Cde Zuma. Long Live Msholozi!!!
nutty on April 6th, 2009
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I was a COPE member untill very recently.Im Going back home (ANC)since there is proof that some indivials had their agendas.some individuals used legal process for a purpose other than the purpose for which the process was designed.
Chifu on April 6th, 2009
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Innocent!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! that is just a load of bull….
Chifu on April 6th, 2009
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Zuma president of SA??????????????????I am immigrating to the States.
Mkabayi on April 6th, 2009
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Zuma is going to be a very good President. All the pessimists will eat humble pie.
Strange how people pass judgement on someone they don’t really know. Zuma is not the monster the media has made him to be. Just because he does not fit the stereotype of how a leader should be; based on Western definitions; does not make him less of a leader.
Unfortunately colonialists and imperialists are still dictating to Africans; albeit using different tactics; on how Africans should live their lives. Pity some Africans can’t see beyond some of this indoctrination. Shame!!
The majority of South Africans can relate to Zuma and very few leaders can achieve that. Leadership is the ability to work with people from all walks of life; not just about your intelligence. Zuma does that very well. Pity people are judging him so quickly. Time will tell.
Zuma did not kill anyone. Apartheid killers and all those responsible for treating black Africans as slaves and sub-human were not charged. Zuma’s case is nothing compared to that.
Africans wake up and read between the lines!!!!
Lelethu on April 6th, 2009
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Nutty can you develop some back bone!
Zuma, IS a saint in the eyes of his followers and He was proven innocent..
However, to me he is not a leader of substance. Therefore the judgment did not make any difference…
Zoe on April 6th, 2009
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I am glad Zuma is off the hook then he can be president then he will know how it feels to be Thabo Mbeki when ANC HELPS you mess up and then say it was your policy.
Mdan on April 6th, 2009
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why did you believe when they tell you that he is corrupt but not believe now when they tell you that he is not and the charges are dropped? You can’t check that for yourself, ppl who work to do that did their job and give you the results…
Viva ANC Viva!!!!
Smakuhle on April 6th, 2009
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Well it is said: “The Truth Shall set you free”. It’s now emerging and the glare is blinding. But this is not the end. Long live the truth. The NPA couldn’t proceed with its hands unclean,obviously; and I am happy for South Africa and its troubled institutions. Let’s face it, the Truth is often unpalatable. It was difficult enough for Adv. Mpshe and the NPA but, to their eternal honour, they bit the bullet; now for the ballot. There is hope in the air for and because of South Africans who uphold integrity at all costs.
Eli Jikelele on April 6th, 2009
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Judging from the many semi-literate postings above, black Africans supporting Zuma are as stupid as the bulk of the white Nationalists that supported Apartheid. Ignorant and easily manipulated by those with power and bags of free sweets and t-shirts.
We canniot even blame the whites anymore. Our own people are ******** us over and we run around in the streets celebrating this new form of demo-crazy.
Wat5ch these fools crash and burn everything when they discover that they have been taken for a ride. Of course, none of these fools will realise that they voted these criminals into power during the 2009 elections. These are people who always take and never give… they never build anything, they simply break things down.
Do something for your country and stop this madness before it consumes us all.
Eli Jikelele on April 6th, 2009
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Yes…. our own people are scr.ewing us over…
Afrikan on April 6th, 2009
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Chifu
I think you meant; emigrating to the States
khanye on April 6th, 2009
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this idiot doesnt even know whether he’s coming or going?
Sydney on April 6th, 2009
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A bold decision by Adv Mpshe and the NPA and also well done to the NIA for such evidence. It is evident today in our Democracy what other repsected and selffish politicians are capable of doing, I was perplexed why would former President Nelson Mandela supports Zuma, but today i know the old man was right. Viva Msholozi Viva
Sean Keys on April 6th, 2009
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WOA NELLY!!!
What are we going to do!
Think about it nothing is safe;
[1 man] [700 charges] = [in line to be president]
[1 man, the president] [0 charges, except suspicion by 1 judge] = [dismissed as president].
What does that tell you; if I get enough political support and confusion going then I can’t be trialled fairly = immune to the law and any and all systems within the law.
Wake up people it should come as no surprise - what good reason could they possibly have had to disband the scorpions.
We’ve suffered with a lack of skill in all level due to brain drain - we aint seen nothing yet, there’s going to be a mass exodus of all races, if the DA COPE don’t balance the evil use of the Anc’s power.
Larry Goodfella on April 6th, 2009
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Democracy is easily subverted, especially in third world countries, which we most definitely are. This Zuma travesty is a prime example.
In young democracy’s such as ours, it is far too easy for supposed democrats to blatantly cheat the various systems and violate the checks and balances that are in place to prop up democratic order.
We should be defending these with our blood, instead of lamenting with tears. This is likely to be more important than defeating apartheid, but few will come to such a realisation until it is too late.
Zuma must be tried in court for the charges that Shaik was found guilty of, and for which he was sent to prison. The failure to convene this process is the outright failure of our democratic existence, leaving single party despotism to entrench itself, sucking all into the vortex of destructive government. The decay of our civil liberties and human rights under a ‘useless’ constitution is inevitable.
The ANC and the lumpen lot may celebrate, but what are they actually celebrating? They have triumphed by defeating democracy. Therefore we are all LOSERS. Nog n piep - Hooray.
Kwanda on April 6th, 2009
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Grapes are sour Larry.
Law is a matter of technicality,period. Don’t speak for ‘we’ because I don’t know who is this ‘we’ you always referring to. I on the other hand am happy that this mess has been sorted out. The reason for my happiness is that from the day that Bulelani called that closed press conference the whole case was doomed. The rest is history as we know it.
Now, this doesn’t mean that Zuma is guilty and neither is he innocent. But the question I have is:If the NPA knew from the beginning that they had a winnable case; why did they need political clout?
me on April 6th, 2009
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Hate will take us nowhere since some comments are from the very angry people. Some people who were defending apartheid are now claiming to be the defenders of this democracy, something they didn’t fight for.
Zuma is off the hook and we as the people are behind him. We will never allow leaders to use state organs to fight their personal battles. We will vote for him to be the president, but if he will think is is above all, he will go down like the former president…
Julius on April 6th, 2009
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Chifu,we can’t wait for u to leave the country, we don’t need people like u here.And as for Dumza, Tebogo, Tshidi and Graig, shame on u, your tails are now between your legs. Nutty, come back home comrade. Aggg, Eli, don’t ever think of coming back to the ANC, stay where u belong, with a bunch of so called “educated” morons.
Percy on April 6th, 2009
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Well South Africans….hehehehe….welcome to the club! Remember when you burned Zimbabweans running from Mugabe? guess whose turn it is next! looking at South Africa is now like replaying an old video tape of Zimbabwe’s path to total melt-down.
During the apartheid era Zimbabwe was at hand to lend a helping hand. I doubt that hand is still there…Welcome to the club of one party states!
Larry Goodfella on April 7th, 2009
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If you have ever tried to tell a teenager what is good for them, then you will understand the base narcisism of our immature ANC supporters. They are generally not yet adult enough to resist the peer pressure that overwhelms their senses, and to descern what is actually good for them.
There are researched and documented synaptic and chemical differences in the teenage brain that disables centres of reason, and I am convinced that similar permanent anomolies exist in certain population groups and population memetics resulting in their inability to discern risk and consequences.
Larry Goodfella on April 7th, 2009
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Sorry - ‘population memetics’, should read ‘population-specific memetic conditioning’.
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