ANC calls for Mbeki's head after court ruling

The ANC wants President Thabo Mbeki to resign, or it will force its MPs to remove him.

Some of the ruling party's national executive committee (NEC) members want to go further and fire Mbeki so he becomes an ordinary ANC member.

This move has been sparked by Pietermaritzburg High Court Judge Chris Nicholson's finding yesterday that Mbeki interfered with the charging and multiple attempts to prosecute his rival, ANC president Jacob Zuma.

Judge Nicholson ruled that the National Prosecuting Authority's latest bid to charge Zuma was invalid.

It was a stunning turnaround - of profound irony *2 - in less than 24 hours for the man who was once the most powerful person in the country.

On Thursday night, Mbeki savoured his greatest diplomatic triumph in brokering peace in Zimbabwe.

Less than 12 hours later, he faced the prospect of his greatest political and personal disaster.

Judge Nicholson confirmed Zuma's long-held claim that his prosecution was a political conspiracy, despite the ANC national execurive committee under Mbeki denying this in 2005.

In the final irony, last night Mbeki assumed the same defence and denial against Judge Nicholson's findings that Zuma used when Mbeki fired him as deputy president after Judge Hilary Squires convicted his erstwhile financial adviser, Schabir Shaik.

Three years ago, Zuma claimed he had been tried and judged in absentia. Last night, Mbeki said the same thing, almost word for word.

Although Mbeki last night denied ever interfering and vowed to challenge the judgment, it was clear his political authority had been finally and irreparably damaged. His career is all but over.

Militants within the ANC and its alliance structures, who had called for Mbeki's head as early as January, yesterday said the judgment had vindicated their call for an early election to replace the president with Zuma.

The ANC was supported last night by the Independent Democrats and the African Christian Democratic Party, which also want Mbeki to resign.

Half of the ANC's NEC members were in Pietermaritzburg yesterday in solidarity with their president. Four of them told Weekend Argus that an informal caucus had been taken on the courthouse steps and a decision had been taken to remove Mbeki.

One NEC member said the caucus had agreed that Mbeki should not be humiliated further but "asked to tender his resignation".

"All the NEC members who are here agree he must just do the honourable thing and fall on his sword. We are lobbying seriously to convince the entire NEC and his own supporters within (the NEC) that he must be punished.

"He has committed serious offences *3 ... A competent judge of the High Court said it, you heard him," said an NEC member.

An ex officio member of the NEC said the seriousness of Mbeki's conduct "calls for the party to axe him".

Next week, the NEC's scheduled meeting will be dominated by discussions to fire Mbeki.

ANC Youth League president Julius Malema did not mince his words: "The NEC has a responsibility to recall Mbeki; if not, we will recall them."

ANC secretary general Gwede Mantashe said the alliance would meet and decide on the implication of the judgment.

Both Cosatu and the SA Communist Party will decide on Mbeki's fate at their separate special meetings next week.

National Assembly Speaker Baleka Mbete said yesterday the National Assembly could act after studying the judgment.

"The next step is to study the judgment thoroughly. And we can take in all relevant elements that need to be followed up. Out of that ... we will immediately pursue the matter through our structures and Parliament," said Mbete, who is also ANC chairwoman.

The Constitution allows the National Assembly, through a two-thirds majority, to remove the president if he is guilty of serious misconduct or is unable to perform his duties.

In his ruling, Judge Nicholson implied Mbeki influenced acting National Director of Public Prosecution Mokotedi Mpshe's decision to charge Zuma last December.

The president's suspension of prosecutions chief Vusi Pikoli was also cited as an example of political interference.

"The timing of the indictment by Mr Mpshe on December 28 2007, after the president suffered a political defeat at Polokwane, was most unfortunate. This factor, together with the suspension of Mr Pikoli, who was supposed to be independent and immune from executive interference, persuade me that the most plausible inference is that the baleful political influence was continuing," Judge Nicholson said.

Mbeki yesterday said he "did not have an opportunity to make representations" to Judge Nicholson.

"The presidency is certainly not aware of any fact that may have led to the conclusion that there was executive interference with the work of the National Prosecuting Authority in this matter," said Mbeki's spokesman, Mukoni Ratshitanga.

"The presidency respects the principle of prosecutorial independence as defined in the Constitution of the republic and relevant legislation

"The presidency will study the judgment further. In this regard, we will examine whether there are any avenues to clarify certain facts that may have assisted the judge in discharging his responsibilities."

With acknowledgements to Sapa and Cape Argus.