It is rather unfortunate that the Scorpions, having investigated Jacob Zuma for possible fraud, decided not to press charges against the deputy president. The decision complicates his life since it leaves a cloud of suspicion over his head.

It would have been better if he had been charged and cleared by the courts. The pronouncement, by the head of the Scorpions, Bulelani Ngcuka, that there is indeed a prima facie case of corruption against Zuma but that the matter was not being pursued because of insufficient evidence, only added to the controversy.

Zuma has already threatened legal action, arguing that he had been defamed. He also questioned the manner in which the investigation was conducted, describing it as a trial by the media.

Zuma's argument is that he should have been treated like any other citizen under investigation. In his argument, Zuma makes a serious error of judgment. He is not just an ordinary citizen. He occupies the second highest office in the land.

It was important for the investigation to be seen to be done in a transparent manner. The attention of the media in the case was to be expected given the public interest in the case.  

Zuma has not been cleared and his chances of being cleared are limited, given the fact that he will not be charged. So, what should happen?

In order to answer this question, it is important to accept that Zuma and Justice Minister Penuell Maduna do not see eye to eye on this matter. In fact, their hostilities have spilled into the public arena. President Thabo Mbeki has to intervene and facilitate the resignation of one of them.

If Maduna were to resign, this would send a wrong message that Mbeki is punishing a man who seems to be on the side of justice. On the other hand, forcing Zuma to resign on the basis of untested allegation may be too harsh on the man.

But the truth is that Zuma's reputation and integrity have been severely tainted and unless he is cleared by the court, the pungent smell around him would not go away. Under the circumstances, Zuma would do his party, his country and above all himself, a great favour by resigning.

With acknowledgement to The Star.