Zuma’s lawyers write to Abrahams, want to plead their case before NPA – report

President Jacob Zuma’s lawyers have reportedly written to National Prosecuting Authority (NPA) head Advocate Shaun Abrahams asking to be given an opportunity to make fresh representations following Friday’s judgment by the Supreme Court of Appeal (SCA) to dismiss with costs an appeal by Zuma and the NPA in the spy tapes saga.

City Press reports that, Zuma’s lawyers want him to be given time to study the SCA’s judgment before making representations to the public prosecuting body on why he should not be charged with more than 700 charges of corruption over the 1999 multibillion-rand arms deal scandal.

They also want the NPA not to serve an indictment on the president or re-enrol the case before the representations are considered.

NPA spokesperson Luvuyo Mfaku said Abrahams was considering the lawyers’ request and would respond “in the next few days”.

The appeals court in Bloemfontein upheld a 2016 North Gauteng High Court ruling that the decision in 2009 by former acting NPA head, Mokotedi Mpshe, to drop the charges against Zuma based on the so-called spy tapes should be overturned.

The Presidency on Friday said it had noted the judgment by the SCA and while it was “disappointing”, it was also “much anticipated”.

In a short statement, Presidency spokesperson Dr Bongani Ngqulunga defended Zuma’s right to make representations to Abrahams.

“The effect of the decision is that the only legitimate decision made by the NPA is to prosecute President Zuma. Importantly, it means that the representations have not been considered and the expectation is that the NDPP will now consider these representations under the correct prescripts of the law and make a legitimate decision relating thereto,” Ngqulunga said.

Will it take at least four years to prosecute Zuma?

Meanwhile, City Press also reports that prosecuting Zuma might be an uphill battle that is “highly unlikely” to be won, even after a process that would take “at least four years”.

According to highly placed sources within the NPA and security cluster the paper spoke to, there were major snags in prosecuting the president as the top prosecutor initially involved in the case, Advocate Billy Downer, will no longer be able to participate.

Another factor that might stymie the process, the sources said, was Schabir Shaik — Zuma’s convicted former financial adviser — who has indicated that he would not testify against him.

“That leaves us with [French defence company] Thomson-CSF’s [former] secretary, Susan Delique, as our key witness,” one source was quoted as saying.

“We are not sure if she will cooperate or if we will be able to locate her. I do not see the prosecution happening anytime soon because there are still two processes that have to unfold.”

The sources also said should Abrahams decide that the prosecution should go ahead, Zuma’s lawyers would apply for a stay of prosecution.

“I have seen the files, which have to be studied before the matter can be placed on a roll. That might take at least four years before we could be ready,” the source said.

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