Last week’s African National Congress (ANC) national executive committee meeting, including the commitment by President Thabo Mbeki and ANC deputy president Jacob Zuma to work together, may provide a way forward for the tripartite alliance in managing internal tensions, which reached boiling point following the judgment in Durban businessman Schabir Shaik’s trial.

But it is not clear how it will quell questions about abuses of the principle of separation of powers — in terms of which the justice system is supposed to operate independently of political interference — or perceptions of political partisanship on the part of criminal justice officials, which have been raised by the feud within the alliance.

At the heart of the problem appear to be suspicions held by some alliance members that Zuma is the target of a political conspiracy. The view is that this is the primary reason why he is facing charges of corruption.

These suspicions appear to be deeply held by many of those who have articulated them.

But it has been unclear to what degree those who hold these suspicions believe that the criminal justice system is being directly manipulated, though this has been implied by many of the statements which have been made.

One way of reading the ANC national executive committee’s response is as confirmation that there is no strongly held belief of misuse of the criminal justice system.

Surely, if there was a sincere belief on the part of the alliance “left” that the National Prosecuting Authority, and even the judiciary, were being manipulated by Mbeki and his allies, these concerns would be of such a serious nature that there would be an obvious need for an inquiry, or some mechanism to expose and deal with the problem.

Instead the committee merely indicated that “interactions should continue within the alliance, to clarify the ANC’s position” on the matters before them “including the proposed commission on the issue of a ‘political conspiracy’”, while alliance members appear to have endorsed the framework for resolving the crisis.

But elements of ambiguity remain for outsiders to the alliance, who have no sense of how much of the full drama is being played out in public. Perhaps both sides have merely prioritised the interests of the ANC and alliance and its need to hold onto political power in SA, while strong suspicions about manipulation of the criminal justice system remain.

The statement issued by Mbeki and Zuma recognises that the political battle in the alliance has been destructive for attitudes to the criminal justice system and respect for the rule of law.

Mbeki and Zuma emphasised that: “It is in the profound interests of revolutionary democrats, the motive forces of the revolution and the left in general to respect the rule of law. This includes respect for institutions of the state mandated to carry out law enforcement and judicial functions. The ANC and its allies should mobilise society to respect this principle.”

The statement that “we should prevent the abuse of state institutions for … personal agendas” may be read as a muted acknowledgment of concerns of some roleplayers that the principle of separation of powers was being abused.

But the idea that the criminal justice system is being used for the purpose of settling political scores has been established in the minds of many.

Whether or not there are firm beliefs in the alliance that this is true, these ideas have been given legitimacy by being repeated so frequently.

On a more reassuring level, though, despite the political battle and enormous political pressure, charges against Zuma stand. This provides reason for confidence that principles of equality before the law, in terms of which transgressors may be brought to book whatever rank they hold in society, have some force.

Similarly, the recent judgment against the Scorpions demonstrates the vigour and independence of the courts, rather than suggesting that they are accomplices in some grand conspiracy.

But the prosecution of Zuma is likely to keep political temperatures high.

In the months ahead, allegations of the criminal justice system being misused may continue to be aired in the political arena, despite the apparent encouragement provided in the statement that alliance members should refrain from making such accusations.

Unless these issues are put to rest, the crisis in the alliance could undermine the process of building respect for the rule of law and the criminal justice system, so important to the process of nation building taking place in SA.

Bruce is a senior researcher at the Centre for the Study of Violence and Reconciliation

With acknowledgements to David Bruce and the Business Day.