Confidential cable from the US Embassy Pretoria to the Secretary of State, Washington DC (and others), September 10 2008:

SUBJECT: ZUMA ADVISOR THREATENS TO EXPOSE POLITICAL SKELETONS (C-AL8-01396)

Classified By: Political Counselor Raymond L. Brown. Reasons 1.4(b) an d (d).

1. On 28 August, Zuma advisor Mo Shaik told PolOff that Zuma's legal team intends to subpoena "everyone" if Zuma loses his bid to have his case reexamined. Shaik specifically named President Mbeki, suspended National Police Chief Jackie Selebi, former and Acting Head of National Director of Public Prosecutions (NDPP) Vusi Pikoli and Mokotedi Mpshe, and former speaker of Parliament Frene Ginwala as potential witnesses. Shaik complained that all of these people know Zuma is innocent and that he does not understand why they have not come to Zuma's defense before now.

2. Shaik also spoke at length about Zuma's current legal case, complaining that the facts in Zuma's case have been gathered and interpreted by National Prosecuting Authority only as a means of obtaining a conviction and preventing Zuma from becoming President, and not as a means of seeking the truth. Therefore, he said, the question is not whether the rule of law should prevail, but whether its abuse should continue. All Zuma is asking is the chance to explain to the NPA the facts gathered against him, he said. When PolOff asked if this wasn't what the trial was for, he told her she was not listening. Then in a very slow and patient tone, Shaik again "explained" that all the NPA has to do is treat the Zuma case in an "impartial, non-political, truth-seeking manner, then they (the NPA) will come to understand Zuma is innocent." (NOTE: In a recent newspaper editorial, Shaik argued a similar case but added that his brother Schabir Shaik's financial contributions to Zuma were given as a "comrade and friend," and not given with criminal intentions.

The court's decision in May to have Shaik's assets forfeited in light of the corrupt relationship with Zuma sharply contradicts Shaik's reasoning. END NOTE)

3. NOTE: On 12 September, Zuma will learn whether or not the state's decision to prosecute him without consulting him was legal. If Zuma loses the case, his trial for corruption, racketeering, tax evasion, and fraud will proceed, though a court date has still not been agreed upon by the state and defense. The thrust of Zuma's case rests on section 179(5)(d) of the Constitution which states that the NDPP may review a decision to prosecute after consulting with the relevant director of public prosecutions (DPP) and after taking representations from the accused. Shaik and Zuma's lawyers argue the Constitution guarantees the right to make representation when the NPA reverses a decision, and that Zuma was not given the opportunity when NPA "reversed" its decision and decided to recharge Zuma in December 2007. The state has argued that the decision to recharge Zuma did not amount to a reversal and that the law was not designed to protect the accused, but rather to protect the rights of the DPPs having their decisions overturned by the NDPP without consideration. END NOTE.

4. COMMENT: As usual, Shaik treated PolOff as a friend, a child, a confident, and an adversary all in the same conversation. He always shares insights into the motivations and strategies of the Zuma camp, but also expects obvious respect and gratitude for it. PolOff does not know if Shaik meets with other diplomats, but presumes his contact within the diplomatic circle is limited. The Australian High Commissioner mentioned he had met Shaik once and Shaik QCommissioner mentioned he had met Shaik once and Shaik admitted he spoke to the Norwegians but did not say if this was on a regular or one-time basis. PolOff also knows Shaik used to meet with the French, but cut them off after a French diplomat insulted him immediately before the ANC conference at Polokwane. The Irish Ambassador asked PolOff to facilitate a meeting after seeing Shaik and PolOff together in a restaurant, but Shaik refused, telling PolOff she should guard her contacts more closely.

END COMMENT.

BOST

Source: Wikileaks via News24.com

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