There are ominous signs in the battle to bring the key state capture suspects to book. The State, through the National Prosecuting Authority (NPA) is clearly on a hiding to nothing if early signs are to be believed.
Legal counsel, the brightest and most seasoned in the land, seduced by the enormous war chests the alleged perpetrators have amassed through the illicit purloining of public funds at particularly, State Owned Enterprises (SOEs) like Transnet and Eskom are running rings around the NPA. These bottomless resources have, and will allow them to play the long game with the State, making Zuma’s well documented ‘Stalingrad’ defence tactics look like a schoolground spat!
The undue delays caused by constant extensions requested by the NPA are playing directly into the hands of the accused, opening the door for applications for cases to be struck off the court rolls, as former acting CEO of Eskom, Matshela Koko and his co-accused of massive corruption did in the Middleburg Commercial Crimes Court last week. It is quite sickening to watch the ‘justice delayed is justice denied’ card being flaunted when the ‘delays’ play directly into their hands and defence strategies.
They’ve already tasted success – with the Nulane Investments trial in the Bloemfontein High Court, involving fraud and money laundering at the Free State Department of Agriculture, returning an acquittal for all seven accused. Acting High Court judge Nompumelelo Gusha was scathing in her judgement, describing the performance of the police and prosecution as ‘woefully inept’. Worse still, some of the newly discharged accused intend to sue the State for malicious prosecution!
What is incomprehensible to many, is how the NPA has thus far been unable to turn the mountains of information and data unearthed by investigative journalists and civil society into evidence that could bring the criminal convictions citizens are longing for. Even if one adopted the cynical view that the work of the press in particular was ‘mere journalism’ and not evidence, then what is to be made of the carefully legally curated, voluminous work of the Zondo Commission, (four years, R1-billion and 160 000 pages in the making). Surely the findings presented were in a form that could be considered closer to admissible ‘evidence’ from a legal point of view?
If the NPA is not able to swiftly bring its A-Team to this game, it should urgently consider bringing in some private legal sector ‘big-hitters’ to get them back onto the field, otherwise it will be game over for them.
Vijay Naidoo is the CEO of the Port Shepstone Business Forum. He writes in his personal capacity. The views expressed are the author’s own and do not necessarily reflect those of this publication.
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