Publication: Cape Argus Issued: Date: 2006-09-26 Reporter: Jovial Rantao Reporter:

JZ Fans Revelling in Court Victory should Keep an Eye on the Big Picture

 

Publication 

Cape Argus

Date

2006-09-26

Reporter

Jovial Rantao

Web Link

www.capeargus.co.za

 

Jacob Zuma scored a massive, albeit temporary, political victory in the Pietermaritzburg High Court last week.

The victory is important in that Zuma, as an ordinary citizen of this country, sought the protection of the courts as he believed he was being treated unfairly and unjustly by the National Prosecuting Authority (NPA).

The court has heard the cries of an ordinary citizen and has come to his protection.

In support of his application, Zuma presented a compelling case to Justice Herbert Msimang.

He said it was wrong for the state to have charged him first and then ask the court for time to investigate the charges against him.

Zuma further argued that the state had placed the cart before the horse.

He invoked a popular provision in common law, that justice delayed is justice denied.

He said it was unreasonable for the state to spend five years investigating him.

Judge Msimang agreed with Zuma and the ANC deputy president is a free man - at least for now.

The finding by Judge Msimang has legal significance, and its political implications have set the South African political scene alight.

Judge Msimang has now given judicial respectability to Zuma's claims that state institutions were being used to harass and punish him as laid out in volumes of court documents.

The claims now carry new-found weight and credibility.

So does the claim that the charges formed part of an attempt by some powerful elements in the ANC to stop him being the next president of the organisation and of the country.

However, Zuma's victory is also hollow and temporary in that the NPA can press fresh charges against him.

This would be a difficult step for the NPA but one they must take if they do not want to lose credibility.

We can only hope the NPA has learnt a lesson from the debacle.

Also equally important and of huge significance to Zuma's future is the outcome of the appeal by Schabir Shaik, his friend and adviser, who is appealing against a conviction and sentence on fraud and corruption charges.

For corruption to take place, there must be a corrupter and a corruptee.

If the Supreme Court of Appeal finds that Shaik was a corrupter, as convicted, then Zuma would, in line with the judgment in that case, be the corruptee.

Politically, Zuma has scored an enormous victory in his battle against President Thabo Mbeki, the man he believes has orchestrated his suffering.

It's now open season on Mbeki, who has been the subject of scorn for Zuma's supporters, including some members of the National Executive Committee (NEC).

One particular NEC member told the crowd that had gathered to bury ANC activist Tracy Malatji in Tzaneen, Limpopo, that Mbeki would walk "naked" after Zuma was freed by the courts.

This top official claimed the ANC was ran by a clique of 10 individuals who had to be "politically killed".

On Wednesday, immediately after Zuma's case was thrown out, a section of his supporters carried a coffin with Mbeki's face on it.

Morally, and in the court of public opinion, Zuma is damaged goods. He has a despicable sense of judgment.

This much was evident in the testimony that was led and accepted in the Durban High Court during Shaik's fraud and corruption trial. In particular is Zuma's inability to manage his own financial affairs.

While he was acquitted on rape charges, what was glaring was his acutely bad sense of judgment.

The same can be said about some of the characters he surrounds himself with.

What does all this mean?

It means the long wait continues for Zuma and he has to wait for the outcome of the Shaik appeal.

He also has to wait while the Scorpions regroup and prepare to recharge him.

The Scorpions have indicated in court that they would be ready to proceed with the trial on October 15.

This means they would be in a position to re-charge Zuma sooner.

Should this happen, Zuma will be back to square one.

It is important that Zuma's supporters enjoy his freedom but that they don't gloat.

They should use this golden opportunity to get a new grip on the crisis facing the ANC and work to unite the divided camps.

After all, if Zuma becomes the leader of the ruling party, he does not want to be a leader of a damaged and divided ANC.

With acknowledgement to Jovial Rantao and Cape Argus.