Publication: Sunday Independent Issued: Date: 2006-09-24 Reporter: Editorial Reporter:

The NPA will have to Work Hard to Repair its Reputation

 

Publication 

Sunday Independent

Date

2006-09-24

Reporter

Editorial

Web Link

www.sundayindependent.co.za

 

The National Prosecuting Authority (NPA) faces huge challenges to its credibility.

This institution, which plays a pivotal role in the fight against crime and the administration of justice, was lambasted this week by a high court judge for the slipshod manner in which it handled the fraud and corruption case involving Jacob Zuma.

In deciding not to grant the NPA the postponement it had requested, Judge Qedusizi Herbert Msimang said that from the time a decision was taken to prosecute Zuma, the state's case had "limped from one disaster to another".

The judge said the state had "jettisoned standard legal practice in favour of non-procedural policy" and "ill-advised decision-making". He then ordered the matter to continue forthwith. When the state said it was unable to do so, he struck the case off the roll.

The judge's words stand as a serious indictment of the NPA. The words he used to describe the standard of work from the NPA could easily have been used to describe the work of a bunch of legal amateurs.

The South African public expects nothing but work of high standard from the NPA with each case they bring before the courts. The NPA is also expected to act in a manner that upholds the constitution.

In acting as it did in the Zuma matter, the NPA has given credence to allegations that it is being used for politically motivated purposes.

Zuma has publicly stated that he believes state organs, including the NPA, have been used by those involved in a political battle against him. The NPA would find it difficult to defend itself against this charge.

It is clear to us that the NPA is continuing with its investigation against Zuma. As we report today, members of the Scorpions, an arm of the NPA, conducted a raid on an accounting firm and removed documents that contain financial transactions between Zuma and his friend and adviser Schabir Shaik, who has been convicted of fraud and corruption. Shaik's appeal against both the conviction and a 15-year jail term will be heard this week.

As it goes about its work, the NPA will have to bear the judges' words in mind and work hard to produce results that will reinforce its status as an independent institution that focuses, in the cases that it investigates, on evidence only and nothing else.

It is important for the thousands of South Africans who find themselves in conflict with the law and who are charged by the NPA to know that they will be treated fairly and equally.

With acknowledgement to Sunday Independent.