NPA hands over tapes

A SEALED A5 envelope containing a single memory stick that took five years, six court cases and millions of rands to acquire.

That memory stick was in the forensic evidence bag that DA leader Helen Zille jubilantly held above her head as she left the Gauteng North High Court yesterday.

What was on those tapes, she said, was explosive and would likely form the basis of new criminal charges against President Jacob Zuma.

After celebrating the acquisition Zille handed the evidence bag to a forensic examiner, who will verify the authenticity of the recordings.

“They cost a lot of money and took a lot of time, but it was worth it … we are part of history today,” she told her supporters outside the High Court.

“No president can have corruption charges withdrawn without good legal reasons,” she added.

Last week the Supreme Court of Appeal ordered the NPA to hand over the tapes within five days.

Also part of this ruling was that the documents be delivered to retired high court judge Noel Hurt, who will study the documents and leave out articles that contain Zuma's confidential presentations to the prosecuting authority.

What those seven-year-old tapes are suppose to contain are telephone conversations between the then head of Scorpions Leonard McCarthy and the former head of the NPA Bulelani Ngcuka, that allegedly reveals them manipulating the legal process relating to charges including corruption and racketeering that Zuma was facing.

Those charges were eventually dropped in 2009, after NPA boss Mokotedi Mpshe said they showed a political conspiracy against the soon to be sworn in President.

Even on the day of the handover there was a delay of about an hour.

Deputy Judge President Aubrey Ledwaba insisted on reviewing the court judgement before handing the spy tapes over to the legal representatives of the DA.

This was a routine procedure, said NPA spokesman Nathi Mncube.

Yesterday Zille standing outside of the North Gauteng High Court, told her supporters that acquiring the tapes was the end of the beginning of a process.

“The spy tapes are only part of the evidence.

“We want the entire record of the decision making of the NPA, including minutes,” she said.

“We hope that Jacob Zuma will have his day in court.”

But the DA said they would not be revealing the contents of the tape to the public as yet.

The reason for this was a recent ruling which showed that South African common law prevented handing legal documents to a third party not involved in the court case.

Ironically the man who had opposed the Supreme Court of Appeal ruling welcomed the handover.

“The president is happy with the process thus far,” Zuma’s spokesman Mac Maharaj said.

TIMELINE OF HOW SAGA EVOLVED 

lApril 2009: NPA drops charges of corruption against Zuma citing spy tapes that show political interference;

lJune 2009: DA applies to North Gauteng High Court to have the NPA’s decision to drop charges against Jacob Zuma set aside;

lJune 2010: DA’s application to the North Gauteng High Court dismissed;

lJune 2011: DA appeals to the Supreme Court of Appeal (SCA);

lMarch 2012: The SCA orders the NPA to hand over the reduced record – including the spy tapes – of its decision to drop charges against Jacob Zuma to the DA;

lApril 2012: The NPA fails to comply with the SCA’s order;

lSeptember 2012: The DA lodges an application in the North Gauteng High Court to force the NPA to abide by the SCA order;

lOctober 2012: Zuma files a notice in the North Gauteng High Court to dispute the meaning of the SCA order;

lAugust 2013: The North Gauteng High Court orders the NPA to abide by the SCA order and hand over the reduced record to the DA within five days;

lAugust 22 2013: The DA receives notice from Zuma that he intends to apply for leave to appeal the North Gauteng High Court ruling;

lSeptember 6, 2013: Zuma granted leave to appeal the release of the reduced records;

lAugust 2014: The SCA dismisses Zuma’s appeal against the release of the spy tapes.