Publication: Sapa Issued: Johannesburg Date: 2008-07-31 Reporter: Sapa

Political Hand Behind Zuma Judgment: SASCO

 

Publication 

Sapa
BC-CONCOURT-ZUMA-N/L-REAX

Issued Johannesburg
Reporter Sapa
Date

2008-07-31

 


The Constitutional Court's judgment Thursday against Jacob Zuma and arms company Thint was part of a "political hand" that handles judges for political agendas, the SA Student's Congress (Sasco) said.

"Sasco views this ruling as part of an invincible political hand that handles judges in order to achieve political and factional agendas.

"We remain resolute that Constitutional Court judges have lost integrity and impartiality when dealing with the JZ issue, therefore only a permanent stay of prosecution can bring justice to this case," a Sasco statement said.

The court ruled earlier against a challenge by Zuma and Thint to the validity of the warrants that enabled the searches of theirs and some of their associate's offices in the course of an investigation by the State into aspects of a large arms deal.

The Young Communist League aligned itself with the minority judgment of judge Sandile Ncgobo, saying it saw it as a "majoritarian view."

Ngcobo found that the State had not provided all the necessary information to a judge when asking for the warrants and had not shown that less intrusive measures could have been used to get the documents they wanted.

Ngcobo also expressed concern about searches being conducted at Zuma's attorney, Michael Hulley's offices. The majority judgment found that nobody had claimed privilege and that they were not unlawful, but ordered the removal of a "catch all phrase" from that warrant saying anything could be taken which might have a bearing on the case.

The YCL was worried that the judgment would set legal conditions for the harassment of people not charged of any crime and stuck to its view that the August 18 2005 searches were unlawful and an abuse of state power.

The Congress of SA Trade Unions said it had hoped for a different result but respected the ruling.

"We are on record as having in the past recorded our displeasure at the impact of the manner in which the Constitutional Court managed the complaint against the Western Cape Judge President John Hlophe," Cosatu said in a statement.

"We have also, in the past, voiced our discomfort at the comments made by the Constitutional Court Deputy President, Dikgang Moseneke, regarding his views about Jacob Zuma.

"We hope that these issues did not sway the Constitutional Court judges in any way in relation to their decision today."

Zuma and his lawyers return to the Pietermaritzburg High Court on Monday to have the case against them reviewed. This emanates from the fraud and corruption conviction of Zuma's financial adviser Schabir Shaik, who was found to have facilitated a payment to Zuma in exchange for protection during arms deal probes.

The United Democratic Movement said the judgment should teach Zuma that "his delaying tactics are failing".

It suggested Zuma consult his family and announce that he would stop avoiding his day in court.

"He needs to be aware that the politicians that surround him may be abusing his cause for their own self-aggrandisement. He should thank them for what they have done until now, and then jettison them," UDM leader Bantu Holomisa said.

Zuma should display leadership by "facing the music."

SA Communist Party secretary general Blade Nzimande was not surprised by the ruling.

"We expected this. The whole Hlophe matter, we have said, was actually preparing us for this," Nzimande told reporters outside the Constitutional Court.

"[This case] will go down in history as the first political trial, post-apartheid," added Nzimande.

He was concerned about the perceptions created about judgments being handed down shortly before Zuma's application on Monday and the way the court behaved in the run-up to the judgments.

"Irrespective of whatever is happening, he [Zuma] is going to be the president of the Republic," said Nzimande.

ANC Youth League spokesman Zizi Kodwa said: "The struggle continues. This is not a trial court. Therefore, it is not a judgment of guilty in any way. The real task is on Monday."

The Democratic Alliance believed the ruling showed that a major obstacle to Zuma facing justice had been removed.

The party said Zuma's supporters should accept the decision and not try to block the course of justice.

"If Zuma is indeed innocent, they have nothing to be concerned about because they can have faith in the independence and impartiality of the judiciary."

The ANC said it respected the ruling but also expressed reservations about how the matter against Zuma had been handled.

The National Prosecuting Authority was "certainly very pleased".

"This marks the conclusion of one chapter in the protracted legal battle," NPA spokesman Tlali Tlali said.

With acknowledgements to Sapa.