COPE CALLS FOR THE TAPES TO BE MADE PUBLIC FOR TRANSPARENT SCRUTINY

The Congress of the People calls on the National Prosecutions Authority (NPA) and National Intelligence Agency to release the tapes alleging interference in the Jacob Zuma case for public scrutiny by an independent forensic expert to establish authenticity and guarantee full disclosure.

We have reliably learnt with shock that the NPA has not been forthcoming to the people of South Africa with regards to the full content of the tapes and may have gone a long way to shield some of its own officials including Willie Hofmeyr, who may have suggested startling political considerations on the Zuma matter.  Interestingly, Hofmeyr has never refuted allegations that he assisted the Zuma team in drafting the statements.

Furthermore, other prominent and senior law enforcement official, who have no connection to the Zuma investigation, are said to have made interesting comments regarding the matter on the tapes. Why did the NPA find their comments not relevant to their decision and would not release this to the public? Why did the NPA not release the full transcript of these tapes if it is transparent?

In addition, what is of great concern to COPE is the haste and timing of the decision. Although the next appearance was in August and the defence had indicated it would launch an application for permanent stay of prosecution - it was hurriedly done to advantage the ANC in the coming general elections and ensure that the charges against Zuma are dropped. In turn, Mpshe and Hofmeyr's career ambitions may be realised.

We also question the relations that Mr Hofmeyr has with the Shaik brothers which was demonstrated by the dubious decision to award the Shaiks R5m of the AFU money under controversial circumstances.

We are baffled at how the NPA swiftly took this important decision even though the Inspector General had not yet fully investigated the tapes legality and authenticity. It is the same office that exposed NIA hoax e-mails. Will his decision be academic?

Mpshe's decision to refer the tapes to the Inspector General of Intelligence, Mr Zolile Ngcakani, after making the decision to drop the charges raises suspicions.  Surely, he should have gathered the facts first and ensured that the tapes are tested by an independent authority for their accuracy prior to him making his determination. The NPA has acted as Judge and Prosecutor in this matter.

It now appears that NPA, which does not have these tapes, has relied on untested and unprofessionally produced edited notes from the Zuma defence team to reach its conclusions, a worrying development since it still has to be established how the Zuma defence team acquired the tapes. Mpshe decision is political since the accused were not given the opportunity to listen to the tapes, study the content of the tapes. Is this not an ambush?

Moreover, the National Intelligence Agency is not innocent bystanders on this saga. NIA underhand tactics from the Ngcuka-Maduna smear e-mails, the Hefer Commission and the hoax email saga bear testimony to our contention. Why then would Mpshe take their word? Is there a single conviction in the NPA as a result of credible information from NIA? Why suddenly trust them?

The questions that beg answering from the NIA include; how did these tapes land in the hands of civilians when they are central to matters of national security? Can the NIA be trusted to guard and protect South Africans when they behave like gangsters and a lynch mob? Why didn't NIA give the tapes to the NPA as another state organ if indeed these are clean?

Mpshe delivered a political decision aimed at finding favours from his new political masters. Mpshe, whose credibility suffered a great deal during the Jackie Selebi decision, is buying his way  into Vusi Pikoli's position. This was a political decision that the ANC has always insisted it will get.

Zuma must answer to his corruption charges in an open court. Despite his defence, similar to that of Schabir about loans - which were dismissed by the court as a load of crap - Zuma stands accused.

Statement issued by Mbhazima Shilowa, Congress of the People deputy president, April 8 2009

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