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Hofmeyr lifts lid on Mbeki abuse of NPA

 

 

Emsie Ferreira, SAPA, IOL, Cape Town, 31 March 2015 at 08:59pm

 

The Thabo Mbeki administration nonchalantly used the National Prosecuting
Authority as a political tool against Jacob Zuma, Willie Hofmeyr said in the
authority's court response to the DA's application for a review of the
withdrawal of corruption charges against the current president.

 

In his 50-page affidavit Hofmeyr, the head of the Asset Forfeiture Unit and
a deputy national director of public prosecutions, writes that upon hearing
the so-called spy tapes, acting NPA head Mokotedi Mpshe was shocked at the
extent of collusion around the case.

 

ThaboCornered.jpg

Thabo Mbeki

 

"Mpshe was shocked at the cavalier tone and light-hearted manner in which
(Leonard) McCarthy and (Bulelani) Ngcuka appeared to regard the NPA as
merely a political tool to be placed at the disposal of the Mbeki
administration."

 

Hofmeyr added that McCarthy, at critical points in the investigation against
Zuma, discussed it with former intelligence minister Ronnie Kasrils and took
direction from him.

 

Ronnie Kasrils.jpg

 

"As far as I was concerned, Kasrils was a confidant with whom McCarthy could
discuss strategy about the Zuma prosecution. I believe he also served as an
intermediary between McCarthy and Mbeki."

 

The affidavit is the first part of the NPA's long-awaited answer to the DA's
argument that dropping the charges against Zuma six years ago, shortly
before the 2009 elections, in a move that eased his path to the presidency,
was irrational on Mpshe's part.

 

It was filed in the early hours of Tuesday morning, after a court-imposed
deadline of midnight had lapsed.

 

The documents play up the content of the spy tapes - wire-tapped
conversations between McCarthy and Ngcuka, who were respectively head of the
Scorpions and former head of the NPA when the decision to press ahead with
the case against Zuma was taken.

 

At issue in their conversations was the timing of the indictment, and
whether it should happen before or after the African National Congress's
Polokwane conference in December 2007, where the rivalry between Mbeki and
Zuma came to a head.

 

"Correctly or incorrectly, they believed that Mbeki's chances of defeating
Zuma would be strengthened if the prosecution were to be delayed.

 

"Ultimately, McCarthy ensured that the prosecution was delayed. He did so
for one reason only, to bolster Mbeki's chances of successfully defeating
Zuma," Hofmeyr states.

 

After Mbeki lost the presidency of the ANC to Zuma, McCarthy acted "with
haste" to finalise Zuma's prosecution. McCarthy told Ngcuka he wanted to
charge him by December 21, 2007 and ordered prosecutor Billy Downer to bring
most of the prosecution team back from leave.

 

Hofmeyr added that McCarthy instigated the Operation Browse Mole report as
another means of undermining Zuma, and that political interference by the
Mbeki government in the NPA's affairs had reached proportions that shocked
senior managers at the authority.

 

He went on to say it was a "lame excuse" that Vusi Pikoli, Ngcuka's
successor as NPA head, was suspended because of a breakdown in relations
between him and former justice minister Bridget Mabandla.

 

"Pikoli was suspended because he refused to bow to pressure from Mbeki."

 

DA and Kasrils bluster

 

James Selfe, the chairman of the Democratic Alliance's federal executive, on
Tuesday described Hofmeyr's affidavit as "very hyped".

 

He said the documents filed in the case, in which Mpshe and Zuma are
respondents, nowhere counter the DA's argument that the criminal case
against Zuma had been sound.

 

"If anything their affidavit substantiates the strength of the case against
Zuma," he said.

 

"If they are saying the timing of the charges was at the behest of Mbeki, my
answer would be 'so what'? They take 159 pages to tell us that."

 

Selfe said the DA believed Mpshe should have let the matter proceed to court
and allowed a judge to decide whether the conversations captured in the spy
tapes rendered the case fundamentally flawed."

 

Kasrils told Sapa that Hofmeyr had said nothing he had not explained before.

 

"I knew McCarthy professionally; had a few meetings with him at his request
in the run-up to Polokwane and after, never advised whether DPP should
charge Zuma or not."

 

He dismissed Hofmeyr's suggestion that he was a conduit between McCarthy and
Mbeki: "Pure conjecture."

 

"He would be hard put to prove that in any court of law. Presumptions are
invariably about attempting to build a case to suit one's purpose, aren't
they? "

 

Sapa

 

From:
http://www.iol.co.za/news/politics/hofmeyr-lifts-lid-on-mbeki-abuse-of-npa-1
.1839635#.VRu8e_mUeD8

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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