Why I charged Zuma with corruption – Pikoli affidavit

Former NDPP Vusi Pikoli, in an affidavit filed in the KZN High Court (Durban), says he acted ‘cautiously and in accordance with the legal requirements’ when deciding to institute corruption charges against former President Jacob Zuma in 2005. Pikoli overturned the decision of his predecessor, Bulelani Ngcuka, in August 2003, that there was no reasonable prospect of a successful prosecution of Zuma, says a News24 report. Admitting his decision was 'momentous,’ Pikoli said it followed evidence that emerged in the trial of Zuma's former financial adviser and convicted fraudster, Schabir Shaik. He added that the prosecuting team brought the evidence to his attention and that it was evidence which was not in front of Ngcuka at the time he took his decision. ‘The fact that the total of all the payments to Zuma, even without interest, exceeded R4m is an important new fact. That amount was and is far beyond what Zuma could afford to repay from his legitimate income,’ he said. ‘Upon a thorough assessment of all the available facts, evidence and circumstances, there was a reasonable prospect of a successful prosecution.’ During Zuma's last appearance in the KZN High Court (Pietermaritzburg), Judge Mjabuliseni Madondo ordered that arguments in Zuma’s bid for a permanent stay of prosecution, together with criminal proceedings, be heard on 20 May. Thales, the arms company implicated with Zuma, has also filed an application in the High Court to have the prosecution permanently set aside. It claimed that it had been denied a fair trial because of unreasonable delays, and that its right to present and challenge evidence had also been denied. Zuma faces charges, that include one count of racketeering, two counts of corruption, one count of money laundering, and 12 counts of fraud relating to 783 payments he allegedly received in connection with the controversial arms deal.

Pikoli also denied allegations that the Special Browse Mole Report reveals political manipulation of Zuma’s prosecution. The report, authored by the Scorpions more than 10 years ago, contained information regarding alleged assistance that organisations in the country and various African states provided to Zuma to further his presidential ambitions, notes a report in The Witness. Pikoli denied the report was intended to be used against Zuma in the investigation, which led to current criminal proceedings.