South African court dismisses Zuma corruption case

SOUTH AFRICA: AFRICAN NATIONAL Congress (ANC) leader Jacob Zuma walked out of court yesterday a free man after a judge ruled…

SOUTH AFRICA:AFRICAN NATIONAL Congress (ANC) leader Jacob Zuma walked out of court yesterday a free man after a judge ruled a corruption case against him could not go ahead.

As the man tipped to be South Africa's next president left Pietermaritzburg High Court he was applauded by thousands of supporters who travelled from across the country to hear Judge Chris Nicholson deliver his ruling.

Mr Zuma was facing 16 charges of fraud, corruption and racketeering relating to a government arms deal with French arms company Thint International, involving hundreds of millions of euro.

His former financial adviser, Shabir Shaik, was convicted in 2005 of soliciting bribes on Mr Zuma's behalf from the arms manufacturers.

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Mr Zuma has always denied the charges and said the National Prosecuting Authority's case against him was politically motivated, and an attempt to stop him from becoming the country's next president.

Mr Zuma's legal team had argued before the high court last month that the case should not go to trial because the authority had failed to follow proper procedures before the charges were brought before the courts.

While delivering his ruling, Judge Nicholson said claims of a political conspiracy were not as far-fetched as many people liked to believe.

"I am . . . not convinced that the applicant was incorrect in averring political meddling in his prosecution," he said.

He added that the decision to prosecute Mr Zuma on fraud and corruption charges was invalid because the state had failed to consult the accused before it prosecuted him.

"I believe the NDPP [National Directorate of Public Prosecutions] ought to have heard the applicant's representation," said the judge.

Afterwards, Mr Zuma's lawyer, Kemp J Kemp, said he was convinced they would succeed in a court action to have his prosecution on fraud and corruption charges declared invalid.

"We always knew that we would win. They should have accepted our letter [to the authority asking to be allowed make representations on the charges]," he said.

However, the judge stressed his verdict was not a judgment on his guilt or innocence, but rather dealt with legal procedure.

"This application has nothing to do with the guilt of the applicant," said judge Nicholson.

For the most part Mr Zuma's supporters, who were accused of trying to intimidate the judiciary ahead of the ruling through violent protests, were peaceful before the verdict was delivered.

ANC Youth League member Amukelani Happy Baloyi, who travelled from South Africa's northern Limpopo province to support Mr Zuma, said he was overjoyed the ANC leader was now free.

"This is a very good day for the poor people of South Africa. Our comrade [Mr Zuma] will now become president and he will make sure that people are helped. What was happening to Zuma was about politics, and nothing else," he told The Irish Times.

After the verdict, the opposition Democratic Alliance said it would respect the court's decision. But party leader Helen Zille said Mr Zuma's supporters who "resorted to intimidatory and violent action" should understand their behaviour had no influence on the judgment.

The ANC said it welcomed the decision to declare the charges invalid.

"It is a victory for justice and the constitution. The ANC calls on all South Africans and state institutions to respect the judgment handed down by Judge Chris Nicholson.

"It vindicates our view and further confirms the established position that the National Prosecuting Authority acted as though it was a law unto itself with undue political interference, and that Jacob Zuma was not responsible for the delays in prosecution," the party said in a statement.