Jacob Zuma charges dropped: The telephone conversations – full text

Posted: April 6th, 2009 | By Ray Hartley | Posted in General
  • 11 Comments
  

Here is the text of some of the conversations that pushed NPA boss Mokotedi Mpshe to drop charges against Jacob Zuma. They show former prosecutions boss Bulelani Ngcuka and prosecutor Leonard McCarthy discussing the timing of charges and apparently conspiring to make things as bad as possible for Zuma.

1. Call on manipulation of charges
Date 7.11.2007 10h25 BN
LM: I am serious (Apparent reference to the enclosed Business Day editorial of 6.11.07. The editorial is of the view that it appears to benefit Mr Mbeki when Mr Zuma is not facing charges)
LM: The third issue is, I met with the guy I mentioned, and you know his line is almost like that of Sam
BN: Laughs
LM: But he said he will. He says he will speak to the man but his he is back over the weekend, but he knew, he feels very strongly that I should not see the guy directly
LM: So that he has a shield, so that if this issue comes up then he can say “I don’t know what the fuck you are talking about” (There is regular reference to the need to meet or discuss with “the man”, “the other fellow” or “guy” or “he”. In calls 17, 21, 25, 26, 28 it is clear that it is the President. In most other cases it is not clear who is meant.)
BN: you know very interesting there is different points of view across the board
LM: You don’t want to join this dinner with Mzi?
BN: No, you will see, his view is completely opposite – he agrees with you. He and Sam agree with you. We had dinner on Sunday, quite a number of people, mine was there, Dlamini was there
I put a hypothetical question to them, let’s assume the judgement comes out in next few weeks and its in favour of those guys, what must happen by when?
Mzi was the only one on that table who said lets do it now, he was the only one
If he tells you the truth he and tells you that, everyone there disagreed with him Discussion of timing of charge of Mr Zuma. Mzi Khumalo appears to be only one who supports LM in view that it should happen before Polokwane

6. Date 26.11.07 20h43 BN
BN: So you the only one who can just save this country from its madness
LM: hmm
BN: You know
BN: I just cant believe it, I really cant believe it, I don?t know, so we also busy now
LM: and what does the big man say, is he oraait,
BN: I don’t know,
BN: I want to, I will try to call him later tonight, he is in a meeting the whole day, at Shell house of all places (laughs)
LM: I did what you said I should do, I must say
BN: you did right, right thing
LM: up until Friday, I received a strong memorandum to say charge and charge now ?
BN: Friday
LM: No this Friday, the team says we have been fucking around with this thing, we are allowing ulterior considerations to come in, it will become an impossibility later – we now must take action and deal with “finish and klaar” as Jackie Selebi says, but we will talk when I see you. Following a discussion about ANC provincial nomination conferences, LM is the only one who can save the country

10. Date Wednesday 12.12.07 10h41 BN
LM: But listen, I think you guys must just keep your heads open about the “when” factor because I mean we will file our docs tomorrow, we will, Mpshe is going on leave tomorrow and I am acting.
LM: We will have our section 2e order and our, our ? we will have finalized the processing of the decision

The s2(e) order is a reference to the authorisation for a racketeering prosecution that must be issued by the NDPP
BN: As long as you don’t do it this weekend
LM: If we hold it back, it will be because the clever people like you and others are saying to us that the country needs cool heads but I would hate to have be seen to be wrong later
BN: just don?t do it this weekend
LM: it might change
BN: I cant keep an open mind, you can’t do it this weekend, our minds won’t change
z. BN: Just don’t do it this weekend
aa. LM: I won’t move this weekend, if this change, just let us know
bb. BN: it won’t change BN makes it clear that they do not want Mr Zuma to be charged before Polokwane despite the fact that everything is in place to do so

12.12.07 Wednesday 10h15 SMS exchange BN & LM
a. BN: When are you filing
b. LM: We’re stretched. It has tripled in size now. Likely to file tomorrow afternoon or Friday afternoon only. What up!
c. BN: The sooner the better. Not later than tomorrow. It will assist a great deal Refers to the NPA’s reply to Mr Zuma?s application for leave to appeal to the Con Court in the search warrant matter. It was due on 14 Dec.

Date Wednesday 12.12.07 10h41 BN
LM: We must have one of those Yengeni nights ? remember we said we will not leave this fucking hotel until its done The reference is to a meeting with Mr Yengeni?s lawyers that lasted late into the night
BN: If this thing comes out the way we discussed it yesterday,
i. those key issues, right
ii. it will be a devastating one for them,
iii. and it will cause people to wake up to know what they are actually doing
iv. without being dramatic, without you making arrests,
v. it will say, this is what we have, this is what we have, and we are forced to state it now and people will wake up think what are we doing
LM: Friday, by Friday people are packing bags, they won’t even read the fucking newspapers
BN: That is the thing, that is the thing, that is why it will be good if it could come out today (ie Wednesday)
LM: Today is difficult, I will call a Yengeni night, we are not leaving here until we finalise this tomorrow morning, we file by lunch time and give it to the media.
BN: You made my day This is a discussion about the need to file it earlier so that it can be reported in the newspapers before the delegates leave for Polokwane.

Date Thursday cell 13.12.07 12h20 BN
LM: What is the mood like?
BN: Is it out?
LM: No no, I am just checking the pulse of securities
LM: You know, I thought I will give call you once a day, twice a day to hear whether the position has not changed
e. That thing will only be filed tomorrow
iv. So we will probably only file tomorrow at about 12h50, we have a date for 10 to 1
BN: how does it look
LM: Its ugly, you need someone who can nitpick and read through all that shit of 212 pages, and look at para 79 ?
BN: Can you deliver a draft to my place?
BN: I will be in Johannesburg
LM: I will get, I will rather come myself, I don’t want to take changes
BN: No I will be late tonight,
LM: I will wait for you, or see you first thing in morning. I don’t want intermediaries here,
BN: ok, your right,
LM: Zuma will say we are conspiring against him
LM: can I ask, the script has not changed yet,
BN: Ya, no
LM: because (do/don?t) feel like going to Polokwane and charging him there Cont discussion about the need to file Con Court papers earlier

Date: about 24.12.07 11h49 Voicemail to F Davids
LM: Davids, uh, McCarthy here, give me a ring please, you send me ‘n gevaarlike sms here just before Christmas. I am Thabo man, I mean we are still wiping the blood from our faces, or egg, or egg and blood from our faces. Saw the man on Friday evening, we planning a comeback strategy And once we have achieved that, we will clean up all around us my friend. Bye Allegiance to Mr Mbeki, confirm that they met, and we are planning a comeback strategy

18. Date 16.12.07 SMS exchange between Luciano to LM
LM: I have been advised to give Ouboet & Oujan a break in the interest of SA?. Tenous times. QV?

L: What did Jesus say? Give to the emperor what is due to him and to the church what is due to her. You serve at the pleasure of the emperor. Any other choice wld mean not serving at the pleasure of the emperor
LM: I hear you emperor sir. They’re asking for a review. What
L: Primus salus amicus et familia. That’s the motto
LM: Yea. Threatening to expose no. 1
L: Approach hold even if Lume looses (sic) As far as can be established, Luciano is a private intelligence operative

Related posts:

  1. Zuma charges dropped by NPA – full text
  2. Zuma: Strong rumours charges will be dropped today
  3. Zuma charges dropped. Key extracts from Mokotedi Mpshe’s NPA announcement
  4. Vote in the poll: Should the Zuma charges be dropped?
  5. ANC statement on dropping of Zuma charges – full text

 

Comments

 

Lelethu

April 6, 2009 at 3:15 pm

Yah, Neh!

 

Larry Goodfella

April 6, 2009 at 3:23 pm

Meaningless prattle. Means nothing to me, but the peeple will believe whatever they are told to believe.

 

Eli Jikelele

April 6, 2009 at 3:48 pm

How did we manage to assemble such a bunch of people with such low levels of integrity and morals in just 15 years? Then to crown it all, the ANC regime is determined to foist the worst specimen on the country as their best candidate for President of South Africa. Have we lost all shame? Are we prepared to show this person to the world and expect them to show this dirty politician any respect? We will not even pretend to hold dear our hard-fought for democracy and the constitution that we like to boast to the rest of the world about. We have just simply pis.sed it all away …

We are no better than the rest of our African brothers and sisters on this continent we profess to love so dearly. Indeed we are as unethical and corrupt as the rest.

 

Nkosinathi Khanyile

April 6, 2009 at 4:04 pm

What is the way forward Eli?,The man is taking over after the 22nd April 2009.

I suggest we conspire against him.

 

Delia Riordan

April 6, 2009 at 5:02 pm

When there is corruption in high places, the best cover-up has always been the creation of so many ambiguities and contradictions that it becomes impossible for anyone to establish the truth. There are two paths to this end: deliberate obfuscation and inadvertant bungling that must then be covered up again and again until the truth is hopelessly lost between the Machiavellian and the incompetent. This is classic case in point.

 

Zumaniac

April 6, 2009 at 5:56 pm

I guess if i was also a typical stupid Zuma supporter,i’d also be out in the street celebrating a hollow victory.Unaware that this is not an acquittal,Ngcuka and Mccarthy were found to have manipulated the prosecution process and not to have manufactured the evidence.It doesnt change the merits of the case against Zuma,there’s still a question mark over his head which isnt answered.

The NPA should have proceeded with the prosecution and let the judge decide if the manipulation has rendered the case unwinnable.And also investigate Ngcuka and Maccarthy on the side.This saga is far from over.

 

Larry Goodfella

April 6, 2009 at 6:14 pm

Zumaniac,

I find nothing in all the illegally acquired ‘tapped’ phone calls that shows that ‘Ngcuka and Mccarthy were found to have manipulated the prosecution process’, and I am sure that I am one of the very few who actually combed through every word of what is currently available to us.
We must not too easily take what we are told to believe at face value.

At the time of Zuma being charged and since that time, it is expected that there be a measure of animosity between the various players in the NPA and the Zuma camp (ANC), and telephone conversations between allies in this process will naturally bend one way or another, in confidence. In Ngcuka’s case, he had an interest, and even a right to be vindicated.

To me, and if put in proper perspective, 90% of all the so-called ‘interference’ and ‘manipulation in the prosecution process’ and the state institution of the NPA; was orchestrated by the ANC, with hardly any censure.

On the whole, I agree with you and I share your disgust, but let us not be taken in by THEIR rotten spin.

 

Unathi

April 7, 2009 at 10:29 am

Wow, don’t know what hold Zuma has over all of these people, but all I know is SA is definately turning into a banana republic.

 

sipho

April 16, 2009 at 7:19 am

Dear Larry

You have lost all sense of balance on the JZ matter. Your crusade against JZ and the ANC is regrettable but understandable coming a paragon of morality and propriey.

I agree with you that SA must be the worst place on the planet hence my suggestion that you start packing for Perth. Do take along your pals such as Eli Jikelele and other “enlightened Africans” with. You might need helpers with your unpacking and gardening in Australia.

 

sipho

April 16, 2009 at 7:45 am

Hi Nkosinathi

When former President Thabo Mbeki remarked that white South Africans (mostly) regard any black South African as immoral, incompetent,dishonest and prone to promiscuity etc, he was accused of dividing the country on racial lines.

When one analyses contributions made on this platform especially by white contributors, Mbeki’s observation gets confirmed over and over. The less said about the rabid rantings of Eli Jikelele, Sikodide and others, the better. Eli reminds me of the “coconut” from my township who would forever boast of being the only black person sitting in board meetings of his company. A contaminated mind does lead to imbecilic utterances.

Come 22 April 2009, patriotic and balanced South Africans will vote and JZ will continue overseeing the unprecedented development of SA that is currenly undeway, thanks to the ANC.

 

Larry Goodfella

April 16, 2009 at 8:16 am

Sure Sipho. At least I am in a position to do so when the **** hits the fan.

Unfortunately you will be out of a job, along with the two hundred people I employ in my businesses. Have fun looking for mice in the field when you and your children are starving.

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