A practical guide for taxpayers annoyed at the squandering of their money

A JOHANNESBURG blogger and self-styled "boulevardier", Charles Visser, of Melville, has become the country's first private citizen to lay criminal charges against President Jacob Zuma in connection with the Nkandla scandal.

Visser's decision to do so came after Economic Freedom Fighters leader Julius Malema and Democratic Alliance spokesman Mmusi Maimane also laid charges aginst Zuma.

In his blog, My South Africa (http://chuckv.co.za), Visser claimed he was warmly received by SAPS members at the Brixton Police Station when he made his complaint. After reading through his prepared statement, a senior officer agreed that "all the elements of crime were present and correct". The officer added, "I like this case," and the constable who was instructed to open a docket did so "while trying to suppress a big smile," Visser wrote.

Visser's statement had been drawn up by an advocate, Andre Landman SC, who later told The Times, "[Visser] is saying, ‘I am a taxpayer and, because I pay tax, I have an interest in how my taxes are used.'"

Fellow taxpayers who feel that they too should lay a charge against the President may want to cut and paste the following in a separate document and, after filling in their own personal details, take it along to their nearest police station:

***

I,__________________(

full name), ID number__________________, an adult ________ (male/female) residing at ________________________________________ (full address), do hereby make oath and state that:-

I am a citizen of the Republic of South Africa and a registered taxpayer in terms of the Income Tax Act. My tax number is ___________________;

In due exercise of the constitutional rights granted to me in terms of the Constitution of the Republic of South Africa ("the Constitution"), I hereby lay charges of corruption, theft of public monies and fraud against one Jacob Zuma, an adult male whose ID number is unknown to me, the owner of a residence in the village of Nkandla, in the district of Nkandla, Kwazulu-Natal ("Nkandla residence").

Mr Zuma currently occupies the office of the President of the Republic of South Africa, established as such under the Constitution. I am advised and truly believe that Mr Zuma, despite holding high office, to the same degree as any other person residing in the Republic of South Africa, is subject to the laws of the Republic of South Africa. I am accordingly acting within my rights to lay the following charges against Mr Zuma and am advised that members of the South African Police Services are legally obliged to both accept these charges and to investigate the charges with the view to establishing whether Mr Zuma committed a crime or crimes.

My decision to pursue the aforegoing charges against Mr Zuma was taken pursuant to the release of a report by the Public Protector on Wednesday 16 March 2014. Advocate Thuli Madonsela, the duly appointed Public Protector in terms of the Public Protector's Act, published findings in respect of certain upgrades made to the Nkandla residence. Advocate Madonsela found that when organs of state such as the Department of Public Works and the Department of Safety and Security effected a number of security-related upgrades to the Nkandla residence, a number of state officials committed acts of maladministration during the planning and building phases of the upgrading of the Nkandla residence ("the Nkandla project"). The Nkandla project was entirely funded from the fiscus using taxes collected from taxpayers including myself.

Advocate Madonsela found that Mr Zuma improperly benefitted from the Nkandla project in that certain expenditure incurred was of a private (that is, not security-related) nature. The expenditure was incurred in making improvements of a private nature to Mr Zuma's Nkandla residence at the time of upgrading security at Mr Zuma's residence.

Advocate Madonsela found that Mr Zuma improperly benefited from the unlawful expenditure of taxpayers' funds by the construction of a house (used by Mr Zuma and his family for, amongst other events, traditional ceremonies; expensive paving; a swimming pool; a cattle kraal and a chicken run at Mr Zuma's residence.

Advocate Madonsela found that Mr Zuma, directly or via his architect, gave instructions to Ministers of State, state officials as well as the de facto project leader of the Nkandla upgrades (who happens to be Mr Zuma's personal architect) to unlawfully divert taxpayers' funds to build the aforesaid private structures at his Nkandla residence. At the time Mr Zuma was aware that his actions were unlawful and constituted the crimes of theft of state (that is, taxpayers) funds; corruption in that Mr Zuma, both personally and via his private architect, unlawfully and intentionally, instructed and induced state officials to act contrary to their official duties and obligations by allocating state funds to build structures for Mr Zuma's private use, and fraud in that Mr Zuma, in full knowledge of the fact that state funds were misused during the Nkandla project to build structures for his private use at his Nkandla residence, misled the South African public and the Parliament of the Republic of South Africa by stating in in a parliamentary address that Mr Zuma and his family personally paid for all homes built at his residence whereas in truth Mr Zuma knew at the time that state funds were used to build a house and other private structures at the Nkandla residence.

I refer the detective(s) assigned to investigate these charges to the official report of the Public Protector that can be obtained from the offices of the Public Protector situated in Pretoria.

I reiterate that I as a taxpaying citizen of the Republic of South Africa have the right to lay these charges and request the SAP's detective branch to investigate these charges to the best of their ability. As a taxpayer, I pay a not inconsiderable portion of my earnings to the fiscus and have the right to expect that my tax rands be utilised by the State for lawful purposes only.

I suspect on reasonable grounds that my taxes and those of other taxpayers have been used by the State to benefit Mr Zuma in an unlawful and corrupt manner.

I reasonably suspect that the crimes occurred in the district of Nkandla and such other places where Mr Zuma gave instructions to Ministers of State, state officials as well as the de facto project leader of the Nkandla upgrades (who is Mr Zuma's personal architect) to unlawfully allocate state funds to build the aforesaid structures at Mr Zuma's Nkandla residence.

In conclusion, I have full confidence that the South African Police will conduct a comprehensive investigation into the aforesaid charges without fear or favour and thereafter place the docket before the public prosecutor once the investigation has been completed.

Signed and sworn on this the ___ day of __________________2014, at the ____________________________________ (name of police station), before __________________________, a _______________ in the service of the South African Police, by __________________ (your name), being of sound and sober mind and being aware of the penalties for perjury, having taken a solemn oath, that the contents are the truth, the whole truth and nothing but the truth and raising my right hand and saying "so help me God."

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