Ruling party is 'prepared to change law to prevent a sitting president being hauled before the courts'


The African National Congress (ANC) will have to factor in Jacob Zuma's legal woes in its election plans.

Yesterday's ruling by Judge Chris Nicholson, which allows the state to appeal against his judgment last month that stopped Zuma's prosecution, has reopened the possibility that the ANC president could be an accused person in the run-up to next year's general election.

This coincides with the ANC battling to contain the consequences of internal strife that have led to the birth of a breakaway group that is looking to take on the ruling party in the elections.

Zuma is the ANC's candidate for SA's presidency after next year's election, and in the past, the face of the candidate has been the face of the election campaign.

The National Prosecuting Authority's (NPA's) right to appeal, granted yesterday, could raise more questions about Zuma's suitability for the presidency. However, the ANC yesterday reiterated its "unwavering support" for Zuma, saying he remained the face of the party .

"The move by the NPA, coming after the earlier vindication and exoneration ... signals yet another attempt to resurrect the trial and block the ANC president from running and becoming head of state. We believe that our president has been a subject of a vindictive prosecution. The September judgment made it clear that the NPA acted as though it was a law unto itself with undue political interference," the ANC said.

While ANC spokeswoman Jessie Duarte said the party's election strategy would not be affected by Zuma's legal woes, other party insiders said the situation would "pose a challenge".

"The appeal is not in the interest of the country.

"It creates more political instability; something the ANC does not need in the current climate. We are going to have to factor this in," the source said.

Zuma's protracted legal battle is but one of the challenges the ANC has had to face in recent months. While ANC leaders are battling to explain the decision to axe former president Thabo Mbeki *1, party dissidents continue to launch fresh attacks on the organisation.

Political analyst Steven Friedman said Zuma's legal woes will be part of the ammunition during the election campaign. While opposition parties are expected to use the legal wrangle to discredit Zuma, the ANC is expected to paint a picture of him as a victim of a political conspiracy.

However, Friedman said the legal challenge would not impede Zuma's path to the Union Buildings.

"The opposition may win the debate but traditional ANC supporters will continue to vote ANC," Friedman said.

While NPA sources said yesterday a possible trial was not likely to come to court until 2010, ANC sources said the party "was prepared" to change legislation to prevent a sitting president being hauled before the courts.

It is understood that the ANC's national executive committee has discussed the possibility of calling an early election to hobble a potential electoral threat, a discussion the party again denied yesterday.

Constitutionally, an election must be held within five years and 90 days from the date of the previous general ballot. The previous election was on April 14 2004, so the next ballot must take place by the second week of July next year.

With acknowledgements to Hajra Omarjee and Business Day.