Mpshe confirms McCarthy delayed Zuma’s charges
In the document, Mpshe says McCarthy decided to only charge Zuma after the ANC's Polokwane conference.
JOHANNESBURG - Former acting National Prosecuting Authority (NPA) head advocate Mokotedi Mpshe has confirmed in legal papers that it was then Scorpions head Leonard McCarthy who asked him to delay the formal charging of now President Jacob Zuma in 2007.
In the document, Mpshe says it was McCarthy who made the decision to only charge Zuma with corruption after the African National Congress (ANC)'s Polokwane conference.
He has filed papers in response to the Democratic Alliance's application to overturn his decision to withdraw charges against the president in 2009.
In these papers, Mpshe says he believed that Zuma should be charged before the Polokwane conference because the prosecuting team was ready to go and they wanted to go ahead.
But he says it was McCarthy who said that it would destabilise the country to go ahead before that conference.
Mpshe also says that in a meeting with then justice minister Brigitte Mabandla, she agreed the charges should be delayed, as it would look like targeting the president to press them before the Polokwane conference.
He also says that while he disagreed with the decision McCarthy had the legal authority to make the final decision as it was his investigation.
But Mpshe then says if he had known was McCarthy's true intention was he would not have allowed him to delay the pressing of the charges.
MCCARTHY FORMALLY CHARGED ZUMA WITHOUT CONSULTING MPSHE FIRST
Former acting NPA head advocate Mpshe says that then Scorpions boss Leonard McCarthy went ahead and formally charged now Zuma in 2007 without consulting him first.
He also says that McCarthy told him he should not formally charge Zuma before the ANC's Polokwane conference because that would destabilise the NPA and the country.
Mpshe has now filed supplementary legal papers - in response to the Democratic Alliance's application to overturn his decision to withdraw corruption charges against Zuma.
In these papers he says he only found out that McCarthy had been talking to Bulelani Ngucka and Ronnie Kasrils when told about the conversations by now the president legal team.
He says that while he gained the impression McCarthy didn't agree with Ngucka, he did what Ngucka asked him to do.
Mpshe says that both McCarthy and then justice minister Mabandla believed charging Zuma before the conference could destabilise the country.