Letter from Adv Shaun Abrahams NDPP to DA leader Mmusi Maimane, 20 October 2017
19 October 2017
Mr Mmusi Maimane, MP
Leader of the Democratic Alliance PO Box 1475
CAPE TOWN 8000
Dear Mr Maimane, MP
RE: EXTANT CHARGES AGA INST PRESIDENT JACOB ZUMA
Your letter dated 13 October 2017, which I received during the afternoon of 16 October 2017, refers.
The fact that I do not respond to each paragraph ad seriatim nor directly to any comments therein should not be construed as my acquiescence therewith.
Mpshe SC's incorrect invocation and reliance on section 179(5)(d) of the Constitution and section 22(2)(c) of the National Prosecuting Authority Act (NPA Act) was drawn to my attention 10 days before the hearing by Senior Counsel representing the NPA. I discussed same with some of the members of the leadership of the NPA, who immediately agreed that supplementary heads of argument should be submitted to bring this to the attention of the Supreme Court of Appeal (SCA). The judgment regrettably makes it appear that this was a concession when in fact it was something which was brought to the attention of the SCA on my behalf by Senior Counsel. This is an issue that was also never raised by the Democratic Alliance (DA) nor by the Full Bench of the North Gauteng High Court.
Immediately after the hearing of the appeal on 14 September 2017 and in anticipation of the judgment, I wrote to the Acting Head of the Directorate for Priority Crime Investigation (DPCI), Lt Gen Matakata, inter alia enquiring on the availability of the relevant witnesses and the documentary evidence in the matter to which I was later advised that the availability of the witnesses could be determined and that the documentary evidence was still available and was in the care and control of the DPCI.
Earlier this week I met with Gen Matakata and the investigating officer, who will revert to me on or before 30 November2017 in relation to the availability of the witnesses in the matter. (Prior to the matter being withdrawn against Mr Zuma in April 2009, 218 witnesses were named in the list of witnesses in terms of s144(3)(a) of Act 51 of 1977.
Days prior to the judgment of the SCA, Mr Zuma's lawyers wrote to me, in which they requested that he be afforded an opportunity to submit representations to me in light of further developments that had been reported in the media and not to institute any court proceedings against Mr Zuma prior to having considered his representations.
Earlier today I responded to the aforementioned letter from Mr Zuma's attorneys in which I emphasised that in light of the judgment of the SCA, any further representations envisaged should relate to issues not previously considered.
On the facts of this matter I do not agree that representations should follow the recharging and/or re-arresting and/or re-enrolment of a matter. In any event the availability of relevant witnesses is still being determined and the investigating officer will only revert thereon by 30 November 2017.
Mr Zuma has until 30 November 2017 to submit any envisaged representations to me.
Likewise, you too are invited, in the event you deem it necessary, to submit any further comments and/or representations hereon, which should also reach my office by no later than 30 November 2017.
I will advise on the way forward after I have received feedback from the investigating officer as to the availability of the witnesses, any representations from Mr Zuma, should any be forthcoming and any representations from you, should any be forthcoming.
I trust you find same in order.
ADV SHAUN K ABRAHAMS
NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
20 – 10 -2017