Publication: Sunday Times Issued: Date: 2003-08-31 Reporter: Smuts Ngonyama

You Don't Have to Prove Innocence

South Africans could be forgiven for being a little bewildered by the "sensational" allegations and political grandstanding that have accompanied the Scorpions investigation into Deputy President Jacob Zuma.

Yet amid the frenzy of speculation and innuendo, one fact stands out: the deputy president has not been found guilty by a court of law of any wrongdoing.

The basic principle of presumption of innocence must surely count for something in a constitutional democracy like South Africa. Yet opposition parties, and much of the media, have acted like a lynch mob, caring little for the rule of law and the basic principles of justice.

Throughout this debacle, the ANC has steadfastly held the view that the law must take its course and the relevant authorities must fully exercise their responsibility. It has held fast to the principle that a person must be presumed innocent until proven otherwise.

Last weekend, the National Director of Public Prosecutions, Bulelani Ngcuka, announced he would not be prosecuting Zuma. Whatever one thinks of this decision, and whatever one's view of the merits or demerits of the case, the reality is that the decision to proceed with a prosecution or not lies with the National Prosecuting Authority (NPA).

It would arguably have been preferable for the deputy president if the allegations levelled against him, and for which Ngcuka said there was "prima facie" evidence, were to have been tested in court.

But if we, as political parties or the media, seek to arrogate to ourselves the responsibility accorded in the constitution to the NPA, we begin to undermine the rule of law. We pour scorn not only on our constitutional order but on the basic tenets of natural justice.

Earlier this week the state delivered an indictment in the case of Schabir Shaik, Zuma's financial adviser and Durban businessman. Despite the fact that Zuma is not an accused in Shaik's case, and despite the fact that the allegations against him have not been tested, opposition parties and the media seized the opportunity to engage in a fresh round of savage political and personal attacks on him.

These attacks were extended to the ANC, suggesting it may have been party to illegal activities through a company called Floryn Investments. T hese suggestions are false. The ANC has no relationship with Floryn Investments or Nkobi Holdings, Shaik's company. Nor has it ever benefited from the arms deal, directly or indirectly.

There are broader issues at stake than the particular matters which have been under investigation. Through their conduct, opposition parties and sections of the media have provided South Africa with a sobering lesson in how not to respond to the challenges we face.

Since 1994, the ANC-led government has achieved much in the effort to tackle corruption and criminality, and to promote accountability and transparency in public life. The institutions which have been established, and others that have been transformed, have scored numerous successes in exposing and curbing corruption. These successes have been possible because these institutions have been systematic and rigorous in their work. The rule of law has been observed and the independence of the judiciary respected.

This work must continue. The fight against corruption must be conducted within our legal system, on the basis of facts and in line with the law.

Anyone suspected of criminal behaviour, regardless of who they are, should be subject to investigation, and, if the competent authority deems necessary, should be tried without fear or favour.

Yet what we have witnessed in the last few weeks is nothing short of trial by media, where rumour and speculation are enough for a person to be charged, tried and convicted. A number of political parties have willingly - and energetically - participated in this spectacle, sensing that there is much political mileage to be gained from destroying the reputation of the deputy president and casting doubt on the integrity of the ANC.

In a democratic society, the media has an important role to play in informing the public, particularly on matters of public importance. Yet, in exercising that role, the media needs to be careful not to displace the function of the courts in determining guilt or innocence, or to give rise to perceptions that may not accord with reality.

The scale and intensity of the media onslaught over the past few days and weeks, while most disturbing, should not deter South Africans from the important tasks we face as a nation. It should not deter us from our efforts to preserve the integrity and strengthen the capacity of our criminal justice system. It should not distract us from our efforts, through the legal system, to tackle corruption wherever it manifests itself.

And it should not deter us from our determined effort to push back the frontiers of poverty, to create new and increasing opportunities for all our people, and to build a united and democratic nation.

Ngonyama is ANC head of the presidency and communications

With acknowledgements to Smuts Ngonyama and the Sunday Times.