Former deputy president Jacob Zuma will finally get the day in court he has been demanding.

However, Natioanl Prosecuting Authority (NPA) head Vusi Pikoli’s announcement that Zuma would in due course be informed of the “date, time and place” of his first court appearance does not prevent the African National Congress (ANC) from bringing internal charges against Zuma.

This may be an option if the legal proceedings against the ANC’s deputy president prove too damaging to the party.

The NPA decision comes a week after President Thabo Mbeki axed Zuma from his cabinet following judgment in the Schabir Shaik trial.

Zuma, who retreated to the ANC headquarters after his sacking last week, has been pleading his innocence, saying he has yet to be found guilty in a court of law.

The ANC has been deeply divided on the outcome of the Shaik trial and the political implications for Zuma.

His supporters have always insisted that their man was the victim of a political conspiracy.

However, with charges now pending, both Zuma and the ANC face the prospect of a potentially messy court battle involving the second most powerful person in the party, which may struggle to manage the political costs of a trial.

The party wants the law to take its course, but its constitution allows it to act on Zuma.

Rule 25.5 of its constitution says the ANC can expel any individual on the following grounds: conviction in a court of law and a prison sentence without the option of a fine for a serious non-political offence; behaviour that brings the party into disrepute; abuse of elected or employed office in the ANC or state to obtain direct or indirect undue advantage or enrichment, and corruption that stems from seeking or accepting a bribe for performing or not performing any task.

Political analysts say Judge Hilary Squires’ finding that the relationship between Shaik and Zuma was “generally corrupt” and that Zuma lied to Parliament about “loans” from Shaik provide sufficient grounds for the ANC to charge Zuma with violating its constitution.

Kader Asmal, who heads the ANC disciplinary committee, declined to comment yesterday on whether Zuma was likely to be dealt with internally.

ANC insiders say Zuma’s defiant stance has not only been in conflict with the official party “line”, it has also caused division within its ranks.

An ANC source said while it was unlikely that Zuma would be charged internally, this remained an option.

“Look at the case of Bantu Holomisa. There were no legal issues at stake there, and yet we brought charges against him. However, in this instance, the movement will want the matter to be dealt with through the courts. Anything less will give credence to the view that this is a political and not a legal matter,” the source said.

Party insiders said a section of the ANC constitution dealing with “organised action that would be prejudicial to the unity of the movement” could also be invoked against Zuma if his bid to garner support deepened division within the ANC.

With acknowledgements to Karima Brown and the Business Day.