ANC president Jacob Zuma has disputed the validity of the State's decision in 2005 to expand its investigations into his affairs.

This is contained in an affidavit filed in the Pietermaritzburg High Court on Thursday.

It was submitted in reply to papers filed by the National Prosecuting Authority (NPA) on 11 July.

In his affidavit, Zuma said the appointment of the man who authorised the extension, Advocate Thanda Mngwengwe, was disputed.

Therefore, he had no right to take this decision.

"I have disputed in other proceedings the appointment and authority of the person who purported to extend the investigation, allegedly on 8 August 2005."

He said the State had failed to provide any documentation supporting Mngwengwe's appointment or his authority.

"I therefore dispute the lawfulness or validity of the alleged extension of the investigation..."

Income tax fraud?

In the NPA's 11 July answering affidavit, senior investigator at the Directorate of Special Operations (DSO), Johan du Plooy, said a decision had been taken to investigate Zuma for fraud relating to contravention of the income tax laws — as well as Zuma's declarations made to "the Registrar of Parliamentary Members' interests, the Secretary for the Cabinet of the Government of South Africa, the SA Revenue Services, persons or entities associated with the above mentioned persons or entities, in respect of benefits received from Schabir Shaik and/or companies associated with Schabir Shaik".

Shaik, a Durban businessman and Zuma's business confidante, was convicted in June 2005 on charges of corruption and fraud.

Zuma said the failure to resolve the issue of the controversial August 2005 search and seizure raids had in part led to Judge Herbert Msimang striking his case off the roll in the Pietermaritzburg High Court.

He said: "It is instructive to note that not only had the litigation which allegedly prevented the State from commencing the criminal trial in July 2006 still not been resolved on December 2007 when the fresh indictment was served, but also the State failed to comply with its own alleged decision, in the light of the judgment of Msimang J, to 'complete all outstanding investigations and resolve the interlocutory (search warrant) appeals before any decision was taken on whether or not to recharge the applicant' (Zuma)".

In a separate application also filed on Thursday, Zuma is seeking to have eight "scandalous, vexatious and/or irrelevant" paragraphs and one annexure struck from Du Plooy's 11 July affidavit.

And in response to the State's application to have some of Zuma's founding affidavits struck from the record, Zuma has also lodged an opposing affidavit to have any reference by the NPA struck from the record.

He said: "I contend that it is unwarranted and prejudicial to me for the State to refer to similar complaints made in other proceedings..."

Zuma faces 16 charges in total — one count of racketeering, two counts of corruption, one count of money laundering and 12 counts of fraud.

The two South African subsidiaries of Thales International (formerly Thomson-CFS) — Thint Holding (Southern Africa) Pty Ltd and Thint (Pty) Ltd — are co-accused and each face a charge of racketeering and two counts of corruption.

On 30 June the Mauritius Supreme Court rejected application by Zuma to be involved in a case about documents that could be used as evidence against him by the NPA.

Zuma is seeking to have the NPA's decision to prosecute him declared unlawful. The application will be heard on 4 August.

Sapa