Tricky Questions of Law and Politics |
Publication | Business Day |
Date |
2005-08-19 |
Reporter |
Vukani Mde |
Web Link |
The raids by the Scorpions yesterday on houses and offices linked to former deputy president Jacob Zuma and his supporters could mean one of two things.
They could indicate the state does not yet have the watertight case for corruption it would like, notwithstanding denials by National Prosecuting Authority (NPA) spokesman Makhosini Nkosi yesterday. “As far as the evidence at our disposal is concerned, we already have enough to make out a case,” Nkosi said.
That raises the question of why the NPA needed a series of dramatic raids at all. The Scorpions initially justified them with the right to “gather evidence”.
But the probe into Zuma’s financial affairs has been going on for five years, so observers might find it difficult to believe the state had to conduct the raids for legitimate evidence-gathering at this late stage.
Anton du Plessis of the Institute for Security Studies says the unit may be looking to add additional charges against Zuma besides the already-publicised two counts of corruption. “They may be acting on the basis of new leads,” he said.
But the raids could also indicate that Zuma’s supporters are justified in believing there is a concerted campaign to humiliate him. A series of armed raids, with media cameras in tow, would be just the thing to cow a seemingly resurgent Zuma. The Congress of South African Trade Unions (Cosatu), Zuma’s staunchest supporter, called this week for the charges to be dropped and for Zuma to be reinstated as deputy president. There is also the small matter of an ongoing campaign to drum up support for Zuma. A dawn raid may be just the thing to cut him down to size.
This possibility has not escaped Cosatu. General secretary Zwelinzima Vavi said yesterday: “This underscores the correctness of our conclusion that Zuma is facing a politically inspired trial and now persecution.
“The real enemies of an independent judiciary are those who work with the media to run a media trial. The real enemies of democracy ... are those who use the judicial system to manipulate and settle political scores.”
Nkosi hinted at this perception when he told reporters of the need to be “sensitive” in handling the case “because in the eyes of people, if your offices or house had a search and seizure conducted on it, you are guilty”. The Scorpions have, it seems, yet to learn the lesson on sensitivity.
Worrying is that the raids also extended to the offices of Zuma’s lawyers.
Seizure of information from lawyers acting for an accused could violate attorney-client privilege, and could well prejudice the accused’s defence and infringe his rights.
South African Communist Party general secretary Blade Nzimande said: “Zuma is already an accused and must enjoy confidential exchanges with his lawyers. Such actions unfortunately feed into a widespread perception that Zuma won’t get a fair trial, that his is a political trial.”
The raids have also upped the ante ahead of a meeting between Cosatu and the African National Congress (ANC), amid indications temperatures are reaching boiling point, with senior alliance leaders openly trading insults.
For the ANC, the embarrassing period is only just beginning. It will deal daily with the spectacle of its deputy president being treated like a common criminal.
With acknowledgements to Vukani Mde and the Business Day.