Former president Jacob Zuma is likely to take the decision to proceed with charges against him on legal review, says his attorney Michael Hulley.
Abrahams announced on Friday that Zuma would face 16 charges — one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud.
It is now up to the director of public prosecutions in KwaZulu-Natal, Moipone Noko, to facilitate the process for Zuma to appear in court.
In a short statement at the weekend, Hulley indicated he was not satisfied with the reasons given by Abrahams for his decision to prosecute Zuma. "The rationale for this decision is not clearly apparent from the communication, nor is the basis for the refusal. In the circumstances, the likely course of action would be to take the decision of the NDPP [national director of public prosecutions] on review."
Hulley, however, said this decision would be taken only after careful consideration and consultation with Zuma. A review of Abrahams’s decision could further delay the matter, which has been dragging on for almost a decade.
Also, an application for a permanent stay of prosecution has been brought by the little-known South African Natives Forum. It is not clear what this nongovernmental organisation does or who runs it, but the application was lodged a few weeks before Abrahams announced his decision.
The forum rests its argument largely on a 2004 public protector’s report, which said that former National Prosecutor Authority head Bulelani Ngcuka had violated Zuma’s rights. It argues that if the "gross constitutional violations" in the Zuma case were ignored and the prosecution against Zuma sanctioned, it would mean "sanctioning a politically motivated criminal prosecution … and send[ing] a chilling message that our constitutional dispensation is incapable of offering protection from abuse of the criminal process to achieve purposes other than those sanctioned for the criminal prosecution of crimes".
Abrahams said he had instructed the state attorney to brief senior counsel to oppose the forum’s application.
The charges against Zuma relate to 783 questionable payments connected with the arms deal over which Zuma’s former financial adviser, Schabir Shaik, was jailed for corruption. Shaik has reportedly confirmed that he has been approached by the Hawks to testify in the case.
Abrahams said: "After consideration of the matter, I am of the view that there are reasonable prospects of a successful prosecution of Mr Zuma on the charges listed in the indictment served on Mr Zuma prior to the termination of the matter by Mpshe SC [in 2009]." Last week’s announcement by Abrahams was the culmination of a lengthy court battle by the DA to have Zuma face the charges, which were dropped by then acting NDPP Mokotedi Mpshe in 2009.
In 2017, the Supreme Court of Appeal upheld a decision by the High Court in Pretoria that the dropping of the charges against Zuma was irrational.
After this, Abrahams gave Zuma an opportunity to make fresh representations to the NPA on why he should not be charged. These were submitted on January 31. Less than a month later Abrahams reached a decision.
With Natasha Marrian
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