The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.
The enormity of what the DA seeks to achieve in this application, particularly the injustice and unfairness to Mr Zuma, should not be overlooked. He has been investigated with all his documents, bank accounts and private conduct being exposed to scrutiny since 2001, a well-considered NPA decision not to prosecute him made in 2003, a decision to prosecute him taken in 2005 which came to naught when the case was struck from the roll when the Prosecution in August 2006 unsuccessfully sought a postponement, a December 2007 decision to prosecute him followed by a March 2009 decision not to continue with such prosecution in respect of essentially the same core charges and the same core evidence. The Applicant now seeks to review the 2009 decision so that another decision must be taken to prosecute Mr Zuma in 2010 and some future date. – Michael Hulley, in his replying affidavit to the DA review applicationBACK TO TOP