Publication: Business Day Issued: Date: 2007-11-09 Reporter: Karima Brown Reporter: Hajra Omarjee

Court Tightens Screw as Zuma Seeks ANC Prize

 

Publication 

Business Day
Date 2007-11-09
Reporter Karima Brown, Hajra Omarjee

Web Link

www.businessday.co.za

 

Presidential hopeful Jacob Zuma could go to the African National Congress (ANC) conference next month as an accused person, with the state set to recharge him after the Supreme Court of Appeal ruled in its favour yesterday in four appeals relating to his corruption investigation.

In siding with the National Prosecuting Authority (NPA), and ruling that documents seized from Zuma and his lawyer in police raids could be used in future proceedings against him, the court breathed new life into the stalled case against the former deputy president.

While Zuma's legal team said it would appeal to the Constitutional Court against yesterday's judgment, nothing now stops the NPA from reinstating corruption charges against Zuma before the ANC's elective conference in Polokwane.

While the NPA's move could reinvigorate Zuma's presidential campaign, in which he has cast himself as a "victim of a political conspiracy", it also brings the debate about his suitability *1 for SA's presidency in 2009 to the fore.

This could also open the door for talks between the competing factions backing the frontrunners to seek some sort of consensus next month.

Yesterday, NPA sources said the state was ready to charge Zuma again and that the appeal court judgment removed the "last obstacle" to the prosecution.

"Everything is in place, there is nothing stopping us, we are ready to charge," an investigator said.

The matter now lies with acting NPA head Mokotedi Mpshe, who has to report progress in the Zuma matter to Justice Minister Brigitte Mabandla.

Investigators alluded to possible new charges against Zuma, which could include tax evasion and perjury on top of the corruption charges.

The court yesterday also dismissed an appeal by Zuma and French arms company Thint to stop the state from getting documents being held in Mauritius. In another ruling, the court upheld an appeal by the NPA against a high court order that had set aside five search warrants against Zuma and his Durban-based attorney, Michael Hulley.

Hulley said they would turn to the Constitutional Court.

"Both the rulings handed down have strong constitutional law imperatives, which impact fundamentally on Mr Zuma's rights and on the rights of all South Africans. In particular, in relation to the warrants appeal, we note the dissenting judgment relating to the constitutionality of the search and seizure, which underscores the credence of our approach ," Hulley said.

Zuma's political backers in the tripartite alliance quickly reaffirmed their support for him. They said he remained their preferred candidate to succeed President Thabo Mbeki in the ANC. While the ANC said it respected the court's ruling, its allies were less sanguine. The Congress of South African Trade Unions (Cosatu) cast doubt on the credibility of the legal process and questioned whether Zuma would ever get a fair trial.

"Cosatu is deeply concerned that this judgment was leaked to the media a day before it was delivered in court. Such conduct undermines the credibility of the judicial process."

The South African Communist Party raised questions about the conduct of the Scorpions, saying the raids at the offices of Zuma's lawyers raised fundamental questions about the rule of law and set "dangerous" precedents.

The ANC Youth League, another vocal Zuma backer, said the outcome did not affect its support for the ANC deputy president. However, the league would not be drawn on whether an accused Zuma would be fit to hold the country's presidency, saying the ANC would "cross that bridge" when it came to it.

Democratic Alliance leader Helen Zille said the ANC should postpone its presidential election until Zuma had had his day in court and his guilt or innocence had been determined in a fair trial.

Independent Democrats leader Patricia de Lille said Zuma should be charged with corruption.

"The courts will not be influenced by any political party conference or succession battle and must proceed with urgency to charge Zuma. Otherwise, this dark cloud will hang over his head even if he is successful in becoming the next president of SA," she said.

With acknowledgements to Karima Brown, Hajra Omarjee and Business Day.


*1       This is simply rhetorical - there can be no debate.

A person accused of a multitude of major criminal offences with minimum statutory sentences of 15 years and where there is prima facie evidence which has effectively been vetted in the High Court and reviewed by the Supreme Court, it is plainly inappropriate that such person could be or should be a candidate in an election related in any way whatsoever to public office.

The president of the ruling party will become the effective power behind the presidency of the country should this person not be one and the same person.

My solution is simple, the present president of the country should remain president of his party until his 4-year term of office has expired. The party's election event should be postponed until between 3 and 6 months before this time and when a new party president is elected, this should be an in-waiting position until the current president steps down as country president.

The planned conference in Limpopo in December should go ahead to endorse such a motion.

An added benefit would be the extra time for candidates to come forward and electioneer in a manner becoming of the reality the this party president will become the country's president.

It should be a little like in the USA with an extra dollop of dignity.


*2      Give the matter back to Hilary Squires - he has made it clear that he has not prejudged Zuma and his judgment on almost identical facts in respect at least the corruption charge has withstood the scrutiny of the Supreme Court and the Constitutional Court. So no one can accuse him of getting things wrong.