Publication: Sapa Issued: Johannesburg Date: 2007-11-08 Reporter:

Zuma Waits for NPA's Next Move

 

Publication 

Sapa
BC-N/L-ZUMA

Issued

 Johannesburg
Date

2007-11-08

 

With just over a month to the ANC presidential election, the party's deputy Jacob Zuma will be waiting to see whether the National Prosecuting Authority will recharge him for corruption *1.

This comes after Supreme Court of Appeal rulings on Thursday that clarified the status of searches and documents related to the investigation against him and an arms company related to allegations of corruption in an arms deal.

The SCA:

- dismissed an appeal by Zuma and French arms company Thint to stop the state from getting documents being held in Mauritius that the NPA wants for any pending investigations against the two parties.

- upheld an appeal by the National Director of Public Prosecutions against a high court order setting aside five search warrants against Zuma and his Durban based attorney Michael Hulley saying they were issued intelligibly and with certainty. A minority judgment agreed with the Durban court that the warrants were invalid because they did not intelligibly convey the ambit of the search.

- dismissed the appeal brought by Thint (Pty) Ltd to set aside similar warrants for their Pretoria head office.

- dismissed an appeal against a high court order to hand all seized material back to Zuma's Gauteng-based attorney Juleka Mahomed.

The NPA said it was pleased with the judgment because it proved that it, and the Scorpions were following the rule book. It had not yet taken a decision on prosecution.

Hulley said that how the NPA proceeded would be keenly watched in the belief that the investigation had "improper political motives".

"The timing and nature of the charges, should these eventuate, will be reflective as to whether such motives still exist," he said.

Zuma has been receiving support for the position of party presidency and some quarters believe that the investigations are a ploy to remove him from the running.

Hulley said the next move would be to approach the Constitutional Court as both the rulings in connection with Zuma's appeal had strong constitutional law imperatives which impacted fundamentally on his rights.

"In particular, in relation to the warrants of appeal, we note the dissenting judgment relating to the constitutionality of the search-and-seizure which underscores, with respect, the credence of our approach," said Hulley.

"An application will be made for leave to appeal against the judgments to the Constitutional Court."

The Constitutional Court is scheduled to hear its last matter of the year on November 23, with a February resumption, a court official explained. However, it could still consider a late application for a hearing.

The SA Communist Party (SACP), Congress of SA Trade Unions (Cosatu), Congress of SA Students, and the ANC Youth League (ANCYL), the Umkhonto we Sizwe Military Veterans Association (MKMVA) and the Friends of Jacob Zuma Trust all issued statements in support of Zuma following the judgment.

"We are behind him, as president of the ANC and preferably of the country," said MKMVA.

"We are prepared for any eventuality and we believe that his lawyers will look into the judgement and decide what to do", said Don Mkhwanazi, spokesman for the trust which has lobbied for support and helped raise funds for Zuma.

"We are being tested and we will stand our ground in backing Zuma, we are fighting injustice and prejudice," said ANCYL president Fikile Mbalula.

"[Our] belief in Jacob Zuma's leadership capabilities and our support for his candidacy as ANC president by ANC branches is unshaken and stronger than ever," said Cosatu spokesman Patrick Craven.

"We view this as an intensification of the existing illegal plan to criminalise the ANC deputy president before the (ANC's) Limpopo conference in December," said Cosas president Kenny Motshegoa.

Both the SACP and Cosatu expressed concern that the judgment had allegedly been leaked before being handed down, saying this undermined the credibility of the court.

The Freedom Front Plus said the judgment was a setback for Zuma and although it would not eliminate him from the presidential race, the matter would become considerably more complicated if Zuma were to be elected ANC president.

Party leader Pieter Mulder said the case taking so long was an untenable situation for Zuma, and confusing for the general South African public.

Democratic Alliance leader Helen Zille said the ANC should postpone its conference until Zuma had had his day in court and a declaration of guilt or innocence had been made.

Independent Democrats leader Patricia de Lille, who is credited with publicising allegations of impropriety in an arms deal while still a member of the Pan Africanist Congress, called for Zuma to be charged with corruption.

The ANC said simply, "We respect the court's decision. As we have consistently maintained, the law must be allowed to take its course."

With acknowledgement to Sapa.


*1       The whole country, indeed the whole world, is waiting to see whether the National Prosecuting Authority will recharge beneficiary and benefactor for corruption.


After jumping through about 7 not insignificant hoops in the High Court and these latest four matters over 3 days in the Supreme Court of Appeal and effectively winning the whole hooping match the National Prosecuting Authority has absolutely no option but to bring charges against Zuma and Thales in very quick time.

Otherwise, The People, who have paid good hard tax Rands for this entire charade, ironically picking up both The State's legal costs and Zuma's legal costs *2, will have been cynically done out.


*2      It is so unsavorily true that Zuma had to pay cost for two counsel in most of the matters found against him today in the SCA, yet the taxpayer is footing his legal bill (believed to be some R13 million or more to date).

The State argued for a punitive costs order for the legal costs of three counsel, but both majority and minority judgments found for the cost of two counsel.

In reality, about six advocates worked on the The People's case, three from the NPA (two junior counsel and one senior counsel) and three from private practice (two junior counsel and one senior counsel). The two senior counsel are probably the best in the land in their respective roles - and it shows in the results.


If there are not arrest and indictments in quick time The People will have been cheated.