11/04/2005

Thales in the dock

The M&G is reporting that French arms company Thales may be joining Jay-Z in the dock on charges of corruption :

 

Giant French defence company Thales is set to be charged alongside Jacob Zuma when the provisional indictment against the former deputy president is delivered. This is a potential setback for Zuma, as it will make evidence against him easier to place before the court. Given the diplomatic ramifications, it also underscores the Scorpions’ determination to bring the strongest possible case against him.

 

The National Prosecuting Authority has declined to discuss details of the indictment, but well-placed sources confirm that one or more of Thales’s South African corporate entities will be joined with Zuma as co-accused. Thales is represented in this country by Thint and Thint Holdings.

 

This is an excellent move on the part of the NPA, for too long the corrupters have been given a free pass in the arms deal saga -- even though it takes two to tango in corruption cases. However, the strategy is not without its risks due to :

 

...charges were withdrawn in exchange for an affidavit from former Thint executive Alain Thetard confirming his authorship of the notorious “encrypted fax”. The handwritten document was a crucial piece of evidence linking Shaik and Zuma to the alleged attempt to secure a R500 000 annual bribe from Thales.

 

This places a heavy burden on the State because it will need to prove that circumstances have changed to such an extent that the original deal (made by Bulelani Ngcuka) no longer applies. The devil is in the details :

 

...Ngcuka’s May 2004 letter to advocate Kessie Naidu — now representing Zuma, but then representing Thint — confirms the withdrawal of charges against Thint “in the matter of S v Shaik & others”. It will be a matter of legal dispute as to whether this is a blanket indemnity for any future cases based on the same set of facts.

 

Unfortunately there is also talk that the French governement might take exception to Thales getting into legal problems. Either way its going to shape up to be an intereting week if things roll the way the M&G is predicting.

 

Never a dull moment in SA...
 

08:55 Posted in Da Law | Permalink | Comments (0) | Email this

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