Politicians Must Stay Out of Legal Process |
Publication | The Star |
Date | 2003-08-22 |
Reporter |
Jovial Rantao |
Web Link |
So how did we get here? We now have politicians being invited to mediate in legal processes and emissaries running around structuring deals in matters that should be investigated by the police.
What is going on? What should have been a straightforward investigation by the Scorpions into allegations of corruption, admittedly involving a senior politician, has turned into a process mired by political intrigue and squabbling during which, some say, old scores are being settled.
Just over two years ago, allegations were made that Deputy President Jacob Zuma had, through an intermediary, solicited a R500 000 bribe for protecting from prosecution a company that won a stake in the R60-billion arms-deal tender.
The Scorpions then set about their investigation. This has continued for quite some time, leading to concerns, at least from the presidency, that there was a need for this probe to be finalised.
An investigation by law enforcement agencies should be straightforward. They search for evidence. If they find it, charges will be laid, the accused will be arraigned, indicted and brought before the court. If no evidence is found, the matter rests there.
In this matter involving Zuma we have had a bizarre situation where an ANC political heavyweight and businessman, Cyril Ramaphosa, was asked - at least he confirmed this much to the Sunday Times - to mediate and negotiate a deal, which included a plea bargain.
The Ramaphosa introduction came a week after the Maharajs said they were sent an emissary whose task was to negotiate a deal.
The deal, we were told, was for the Maharajs to "deliver" Schabir Shaik, the Durban businessman who has featured in the Zuma and Maharaj probes. Maharaj is being probed for his role, if any, in the awarding of tenders while transport minister.
This is bizarre, simply because a politician or any emissary has no place in legal proceedings, unless he or she is testifying for the defence or prosecution.
Ramaphosa has subsequently withdrawn from all of this but the point is that he should not have been there in the first place.
The law should be allowed to take its course without any interference or influence whatsoever. Either charges should be brought against those being investigated or they should be left alone.
The introduction of a mediator raises suspicions that someone is guilty of something and is facing conviction, and they would therefore like to strike a deal that would keep them out of prison.
These recent developments, coming as they did on the back of disconcerting words from Kgalema Motlanthe, the secretary-general of the ANC, are cause for concern. A few weeks ago Motlanthe described the probe by the Scorpions as "Hollywood theatrics".
There are people in this country who expect the ANC to interfere or at least put direct or indirect pressure on the law enforcement authorities once one of its members is being investigated. It is in the ANC's interest to prove such people wrong. Motlanthe's statement, therefore, did not do his organisation any good.
It is important that the legal processes of this country, whether they involve a peasant from the rural areas or a political heavyweight, are not compromised at all.
It is also crucial that those who are being accused of anything, in particular the deputy president, should expressly demonstrate their vote of confidence in this country's criminal justice system. Zuma has done well by answering some of the questions that the Scorpions have put to him. This is a system that should one day back up his claim of innocence.
This is why the statement by cabinet, after its meeting this week, was singularly important.
Speaking on behalf of government, cabinet made a promise to the South African people that government would not interfere in the arms deal investigation.
But perhaps the most poignant point from the cabinet statement is one where government recommitted itself to the principle of equality before the law. This means that the laws of this country would be applied equally to anyone, from President Thabo Mbeki to the peasant from Mshenguville in Soweto.
And that there would no be special cases or special people who would merit mediators or emissaries to interfere with the due process of the law.
Politically, the ANC would be within its rights to start a process to repair relations among comrades damaged by the nature of allegations being investigated. However, like the government, the ANC should not be seen to be interfering or even influencing the due process of law.
With acknowledgements to Jovial Rantao and The Star.