Publication: The Star Issued: Date: 2003-08-19 Reporter: Khathu Mamaila

If Zuma is Innocent, Why the Fuss?

 

Publication 

The Star, Opinion

Date 2003-08-19

Reporter

Khathu Mamaila

Web Link

www.thestar.co.za

 

The best way for the ANC to handle the probe of Deputy President Jacob Zuma is not to handle it at all.

This is the view of University of the Witwatersrand-based political commentator Professor Tom Lodge. Any form of ANC involvement in the investigation could be perceived as interference in a process that is supposed to be free of political intervention.

But the truth is that the ANC has failed to resist the temptation to get involved. And perhaps the biggest casualty of that involvement is the man the ANC is trying to protect - Zuma himself.

Reports about mediation and even pre-bargaining between National Director of Public Prosecutions Bulelani Ngcuka and Zuma have created more confusion.

"If there is no wrongdoing, what is the mediation and pre-bargaining all about? If there is mediation, then there is some wrongdoing," said Professor Sue Booysen, a political analyst based at the University of Port Elizabeth.

Although the Scorpions have been investigating Zuma for more than two years, the probe became a public discourse last year following a report in the Mail & Guardian. The report stated that Zuma tried to solicit a bribe of R500 000 in return for protecting a French company from being investigatedin the controversial arms deal probe.

Zuma has been consistent in his denial of any wrongdoing. He has challenged the Scorpions to take him to court so that he can defend himself.

This has not happened. Instead, a few weeks ago, the Sunday Times published a list of questions that had been sent to Zuma. In response, Zuma made public statements expressing his anger over the publication of confidential questions.

However, Ngcuka hit back. He said his organisation had conducted its own investigation on how the questions were leaked to the Sunday Times and established that they had not been leaked from the Scorpions. Ngcuka is still to be publicly contradicted on this.

Strangely, there was a flurry of statements, mainly from ANC members, including its secretary-general, Kgalema Motlanthe, effectively criticising the Scorpions' probe of Zuma.

Motlanthe was quoted as describing the Scorpions' activities regarding the probe as "Hollywood theatrics".

Reports apparently designed to vilify Ngcuka mounted. In one case, Ngcuka was reported to have been ordered to surrender to the state a BMW he was not entitled to have. The story about the BMW has not been followed up.

Ngcuka was also alleged to have resigned - under pressure from the ANC. However, he is still the head of the Scorpions.

On Sunday, the Sunday Times revealed that ANC national executive committee member and renowned negotiator Cyril Ramaphosa had been requested to mediate between Ngcuka and the ANC members under investigation, including Zuma.

Ramaphosa had confirmed to the Sunday newspaper that he was going to meet Ngcuka. This was also confirmed by Scorpions spokesperson Sipho Ngwema.

However, Ramaphosa later issued a statement saying he would not be mediating in the matter.

But how should the ANC handle the investigation of its deputy president?

Lodge said: "There is no need for them to handle it at all. The Scorpions are a bureaucratic structure that deals with investigations. As soon as the ANC intervenes, questions will be raised about political interests.

"Presumably the ANC officials know that Zuma is innocent. If there is no case (for Zuma) to answer, the procedure should be allowed to take its course."

He deplores as unfortunate the statements that Ngcuka should have consulted the ANC comrades before launching the probe.

Lodge insists Zuma is a casualty already. "In order to clear his name, Zuma will not only require a credible and independent investigation, but he should prove that the document published in the Mail & Guardian was forged. That document makes serious allegations."

However, he also accepts that the emphasis should not be placed on the questions given to Zuma by the Scorpions. "Evidence to convict Zuma can't come from Zuma himself. If the Scorpions are relying on this, then there is no case," Lodge said.

Booysen is concerned about the apparent conflicting messages on the probe.

"The signals have been absolutely confusing. We get statements that say the allegations against Zuma are baseless, and the next thing we hear, there is mediation," she said.

Supporters of Zuma have tried to suggest that he is a victim of a political game designed to rubbish him, thus eliminating him from the presidential race after the 2009 election.

However, they have not been able to explain away the document the Scorpions are using as a basis for their questions. The document suggests Zuma tried to secure a bribe.

Zuma has appealed for the probe to be finalised. This appeal has been echoed by President Thabo Mbeki, who called for a speedy investigation. For now, a cloud hangs over Zuma. And the way in which the ANC is handling the probe, Zuma could indeed be the biggest casualty.

Even if he were innocent, he should be cleared by a credible process.

Anything less, including behind-the-scenes mediation, can only tarnish Zuma in particular and the ANC in general.

And, as Lodge suggests, the best way to handle the issue is not to handle it at all.

With acknowledgements to Khathu Mamaila and The Star.