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Former NPA Director 'Created' Zuma Situation |
| Publication |
Cape Argus |
| Date | 2008-09-11 |
| Reporter | Sapa |
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Web Link |
African National Congress President Jacob Zuma is in the position he is
today because of the "special treatment" he received from
former national director of public prosecutions Bulelani Ngcuka *1,
Western Cape academic Pierre de Vos said on Thursday.
Those who suggested Zuma's rights were being breached forgot this, the
University of the Western Cape constitutional law and human rights law professor
told the Cape Town Press Club.
"There was a clear case against Mr Zuma. That is
why his co-conspirator Mr [Durban businessman Schabir] Shaik was actually
charged and convicted," De Vos said.
"Mr Zuma, however, was not charged and convicted. This was
a special favour for Mr Zuma, not an infringement of his rights.
"At that point; whether now, eight years later *2,
there has been an infringement... the court must decide on that.
"But, people forget the reason why we are in this mess *3
at the moment is because Mr Ngcuka, probably with the acquiescence, although I
have no evidence for this, of the minister of justice, made the decision to have
this harmonic solution of not charging Mr Zuma in the hope that he would go
away. Instead of going away, he grew bigger.
"So Mr Zuma is the creation of Bulelani Ngcuka and of the
President of South Africa himself [Thabo Mbeki].
"Without that kind of cynical behaviour on
their behalf... we wouldn't have been in the position we are in today," De Vos
said.
The present crisis and attacks on the judiciary could be traced back to the ANC
national working committee's (NWC) decision that Zuma would be the country's
next president.
The courts were in an invidious position because the majority party had decided
on one course of action.
The reason the ANC Youth League and others were making radical statements in
support of Zuma was not because of a particular liking for him.
"The reason can be traced back to the ANC NWC decision that Zuma will be the
ANC's presidential candidate.
"And I think, the undermining of the independence of the judiciary started
there," he said.
The NWC effectively said that no matter what the court decided, "our man will
become the president".
"In other words, by that decision, they are trying to intimidate the judges into
making certain decisions."
It was necessary for the ANC to discipline its members who were not showing
respect for the independence of the judiciary.
That should be done, not just through "nice" speeches, but also through concrete
action.
"If there's no action taken internally against members of the ANC who flagrantly
disrespect the independence of the judiciary, and try to intimidate judges, then
the ANC should be held to account, not those individual members.
"And I think more should be said about the ANC leadership as a collective, and
why they are so silent about these matters, and whether the silence doesn't have
something to do with their careers and their pay cheques at the end of the
month," De Vos said. - Sapa
With acknowledgements to Sapa and Cape Argus.