Publication: Cape Times Issued: Date: 2008-01-16 Reporter: Deon de Lange

ANC Lashes Out at Judge's Stance

 

Publication 

Cape Times
Date

2008-01-16
Reporter Deon de Lange

Web Link

 www.capetimes.co.za

 

The new ANC leadership nailed its colours firmly to the mast yesterday with a blistering attack on the impartiality of Deputy Chief Justice Dikgang Moseneke.

Moseneke is one of the judges who will preside over ANC President Jacob Zuma's Constitutional Court challenge relating to the fraud and corruption investigation against him.

In a statement released after the first meeting of the newly elected national working committee (NWC) yesterday, the ANC accused Moseneke "and many within the judiciary" of having difficulty "shedding their historical leanings and political orientation".

This follows statements Moseneke reportedly made at his birthday party earlier this week.

According to newspaper reports, Moseneke told guests that he had dedicated his life to working for an equal society.

"I chose this job very carefully. I have another 10 to 12 years on the bench and I want to use my energy to help create an equal society.

It's not what the ANC wants or what the delegates want: it is about what is good for our people," he is quoted as saying.

In response, the ANC said it was "shocked" that Moseneke had joined "the chorus from opposition parties" trying to "belittle" the delegates to the ANC's national conference in Polokwane three weeks ago.

"His (Moseneke's) reported comment shows disdain for the delegates to the ANC national conference and highlights the difficulty that many within the judiciary appear to have in shedding their historical leanings and political orientation", the NWC said.

The NWC also criticised the withdrawal of corruption charges against Gauteng Scorpions head Gerrie Nel, saying it shows that "those who occupied positions in agencies of the former apartheid government can act with impunity while the offensive against cadres of the democratic movement is intensified".

ANC Secretary-General Gwede Mantashe yesterday denied the NWC statement was an attack on the judiciary, but added that "the judiciary must work hard to earn respect for its independence and not just derive this from the constitution".

"When a person says that what the ANC delegates decide does not matter, it excludes members of the ANC.

It is a political statement. As a judge, he joined a chorus of criticism against ANC delegates and then expects the ANC to view him as an impartial judge.

He is attacking the ANC," Mantashe explained. Asked if it was proper for the ANC to question the impartiality of one of the judges who will preside over Zuma's case,

Mantashe said, "It is not about that (Zuma) case it affects any case where an ANC member appears before the honourable judge."

The ANC Youth League (ANCYL) yesterday called on Moseneke to apologise for his reported comment.

"During the solemn occasion of his 60th birthday, (Moseneke) discussed the ANC in the company of his friends, including the former national director of public prosecutions (NDPP) Bulelani Ngcuka, who led a crusade of suicide bombers against Comrade Jacob Zuma.

"Some of the issues which are (the) subject of (an) appeal before the Constitutional Court arise from the actions of Ngcuka," the league complained in a statement.

The ANCYL further claimed that the judge's comment "confirms our long held view that Comrade Zuma can and will never get a fair trial *1".

Moseneke a life-long PAC member yesterday declined to comment on the verbal attack, but indicated that he would be issuing a statement on the matter "in due course".

DA MP and national spokesperson Motlatjo Thetjeng yesterday condemned the NWC and the ANCYL for "putting the ANC's interests before the constitution and the people of South Africa".

He said Moseneke's stance "should be applauded".

With acknowledgements to Deon de Lange and Cape Times.


*1       Watch this space.

At every single opportunity Accused 1's allies repear the refrain that he :
"can (not) and will never get a fair trial"

 
The reason for this is plain. Neither Zuma nor his allies disclaim the charges against him. They cannot. These are too many, too detailed, too serious; there is too much evidence and too many witnesses stacked against him. Most of the evidence has already been tested in the High Court and the Supreme Court of Appeal. Many or most of the principles have been tested by the Constitutional Court. There is no ray of hope for Accused 1 stemming from any of these directions.

So the first option is the technical defence, the claim that rights of the Accused have been enfringed. But this will not pass muster unless there is a corrupt judge because the simple fact of the matter is that although the NPA has been slow in finalising its case and its previous national director was an idiot, the presentation of the case has been very professional and not that slow. A slow enough case to call foul might be 15 years or 20 years in the making, but this has been a mere 7 years. Accused 1 should have been indicted on Monday 25 August 2003, but Bulelani Ngcuka was off on a frolic of his own and that of his political master Thabo Mbeki.

But Accused 1 clearly never did his upside / downside analysis of going for broke and when co-conspirator and benefactor exhausted all his options for a free existence, new blood at the top of the NPA said enough is enough of these unprofitable games and we'll start doing our job properly (for a change in this instance) and implemented the advice of those below them who had their feet firmly on the ground of reality, reason, mandate and obligation.

So now the allies are pondering what to do and what to say when the technical defence fails and a conviction obyained on some or all of the important charges.

It is to cry "foul ".

And cry it often and cry it in advance.

It is the only way that the faithful flock can be confronted when reality 2009 comes to be.

And that is what is happening in front of our eyes right now.

In the meantime all can be assured that confronting the flock is not going to mean placating the flock.

All those close to the action can do no worse than stock up with ceramic body armour, check their medical aid plans and get a few pints of their own blood and plasma stored for any emergency that might befall them.