Decision to prosecute was that of acting prosecutions boss Mokotedi Mpshe, not former chief Bulelani Ngcuka and Scorpions head Leonard McCarthy

22 May 2019 – 05:04 By Paul Hoffman in Business Day

Mokotedi Mpshe, former acting director of public prosecutions. Picture: SOWETAN

It is fallacious to argue that former national director of public prosecutions (NDPP) Bulelani Ngcuka and Scorpions head Leonard McCarthy used the criminal justice administration to advance the political career of Thabo Mbeki by plotting over the timing of charging Jacob Zuma.

The decision to prosecute was that of acting NDPP Mokotedi Mpshe. It was taken in December 2007 after the ANC’s Polokwane conference and it was his alone to take. When he learned of the “plotting” after the event via the “spy tape” illegally leaked to private citizen Zuma, Mpshe felt betrayed and was surprised.

The “plot” was about as relevant to his decision as any antecedent discussion by anyone, other than Mpshe himself, because it was unbeknown to him and played no role in his exclusive decision to so charge.

History reveals that Mbeki lost resoundingly at Polokwane and was recalled by the ANC in September 2008: some plot!

Paul Hoffman, SC
Director, Accountability Now