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Court opens way for graft case against ANC leader Zuma - Summary

Posted : Mon, 12 Jan 2009 13:54:13 GMT
Author : DPA
Category : Africa (World)
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Johannesburg - A South African appeal court on Monday opened the way for a case of corruption to be brought against Jacob Zuma, the controversial but popular leader of the ruling African National Congress (ANC) and front-runner in the forthcoming presidential race. The Supreme Court of Appeal in Bloemfontein, the second highest court, upheld an application by the National Prosecuting Authority (NPA) to have an earlier High Court ruling that prevented prosecutors from pursuing a case set aside.

"The effect of the judgement on appeal is that the prosecution may proceed," prosecutors seeking to try the veteran politician on 18 main counts of racketeering, corruption, money laundering, tax evasion and fraud, said in a statement.

The case centres around allegations that Zuma accepted a bribe form companies linked to South Africa's massive post-apartheid arms acquisition deal in return for his "protection" from investigators.

In 2005, Zuma's friend and former financial advisor, Schabir Shaik, was convicted on related charges and sentenced to 15 years in jail.

Commenting on the latest development in a drawn-out court battle that has seen a series of false starts and setbacks for prosecutors since charges were first brought against Zuma in 2005, the NPA said it would come up with a decision soon on when the case would be put back on the court roll.

"The parties would have to meet soon to look for a court date to bring the main criminal case on the roll again," NPA spokesman Tlali Tlali told journalists.

Zuma's lawyers meanwhile said they would study the judgement and that their next move might include an appeal in the country's highest court, the South African Press Association reported.

"We are giving consideration to the judgment with a view to determining the appropriate legal recourse which may be exercised, which might include an application for leave to appeal to the Constitutional Court," Zuma's lawyer Michael Hulley was quoted as saying.

The ANC, in a statement released after the ruling, said the controversial veteran politician would remain the party's choice for the 2009 presidential race.

"It is important to note that this judgement has nothing to do with the guilt or otherwise of the ANC president. Nor does it make any pronouncements on the merits of the charges previously brought by the NPA," the ANC said in statement.

On Monday, in overturning High Court Judge Chris Nicholson's ruling, the Supreme Court of Appeal criticized his "erroneous" and "unwarranted" finding of political meddling - in which former president Thabo Mbeki was singled out - in the initial corruption case brought against Zuma.

"Political meddling was not an issue that had to be determined. Nevertheless a substantial part of his judgement dealt with this question. He changed the rules of the game. He took his eye off the ball," Supreme Court of Appeal acting deputy judge president Louis Harms said on Monday.

The allegations against the popular politician have had serious political consequences for the country. The High Court ruling in September cost Mbeki his job, leaving the country in the hands of a caretaker president and the ANC divided.

Shortly after Mbeki was forced to resign, several high-profile politicians split from the ANC to form a breakaway party. Many more have since defected to the Congress of the People (COPE), but the new party is not seen as a threat to the dominant ANC's in the general elections due to take place in late March or early April.

Zuma, who was ousted as Mbeki's deputy over allegations of corruption in 2005, in denying wrongdoing, initially alleged there was a political conspiracy against him and later threatened to "tell all" if charges were brought against him.

Zuma emerged the front-runner for the presidency in 2009 despite having been dogged by allegations of corruption related to the country's post-apartheid arms acquisition deal. In 2003, prosecutors indicated they had prima facie case of corruption against Zuma.

With the charges against Zuma reinstated, two local subsidiaries of French arms manufacturer Thales International, originally charged alongside him, were also expected to face charges again.

He also made headlines in a highly-publicized rape case in which he was eventually acquitted.

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