Why Zuma Will Walk |
Publication | Independent Online |
Date |
2008-08-02 |
Reporter |
Karyn Maughan |
Web Link |
ANC President Jacob Zuma will not go on trial for
corruption *1.
Monday's long-awaited court appearance in
Pietermaritzburg will be the official start of a concerted and
unprecedented three-pronged strategy to ensure he
never sits in the dock again.
* He will utilise every legal avenue to delay the trial;
* The ANC will consider amending the constitution to prevent a sitting president
(as Zuma will be next year) from being prosecuted; and
* The ANC will consider a blanket amnesty for all involved
in the controversial arms deal.
The comprehensive legal, political and social
strategy is such that the effect of Zuma's bruising defeat
in the constitutional court this week could be neutralised.
On Friday, the ruling party admitted as much when its leaders returned from a
trip to Mozambique.
"Jacob Zuma will lead the ANC's election campaign. We are not assuming that he
will be absent for it. We have made a commitment to Zuma to be at his side at
court and we will be at his side when he goes to the Union Buildings," ANC
secretary-general Gwede Mantashe said.
Mantashe said the party hoped the case would be thrown out on Monday.
Every single one of the ANC's national executive committee
(NEC) will be in Pietermaritzburg on Monday in support of their
president.
The KwaZulu-Natal capital is expected to be brought to a standstill as the ANC
Youth League buses in members from across the country - a strategy that will
begin in earnest on Sunday.
In what is expected to be the largest massing of
tripartite alliance members since the fall of apartheid in 1994 *2,
Mantashe said the ANC had asked its members to travel to KZN in solidarity.
This week the league's KwaZulu-Natal provincial leadership vowed to close
Maritzburg for the two days that Zuma will be in court.
Trade unions and taxi bodies will all be stopping operations in support of Zuma.
The South African Communist Party (SACP) and Cosatu have vowed to come out in
solidarity.
ANC Youth League leader Julius Malema on Friday announced the launch of a
signature campaign which includes an SMS service where members of the public who
felt aggrieved by the outcomes of Zuma's court cases can send messages, at a
cost of R3 per SMS.
The initiative is being driven by the Umkhonto we Sizwe Military Veterans
Association (MKVA).
ANC treasurer-general Mathews Phosa conceded yesterday that Thursday's
constitutional court ruling had been a "huge blow"
to the ANC, but said it had been expected.
"It is a political case. This is the first time I've seen
a case where an accused has had to wait for five years for charges to be laid.
*3 And I've also never seen charges change as often as they have (with
Zuma)."
This was echoed by ANC deputy president Kgalema Motlanthe in the online
newsletter ANC Today on Friday. He said Zuma was being
persecuted rather than prosecuted.
On Thursday, the constitutional court upheld a ruling by the supreme court of
appeal that the warrants for the search and seizures of documents from the homes
of Zuma and his offices had been lawful.
The seized documents can now be used in his criminal trial in Pietermaritzburg,
but by the time the trial can actually proceed, Zuma could well be president of
the country.
Zuma's lawyers will apply for his prosecution to be thrown out on Monday, on the
basis that the State did not allow Zuma the chance to "make representations"
about the charges against him.
Should Pietermaritzburg high court Judge Chris Nicholson find against Zuma in
his latest court application, his attorney Michael Hulley has confirmed that he
will appeal - a process that could go all the way to the constitutional court
and take at least two years to finalise.
If Zuma fails in South Africa's highest court, he will bring a separate
application for a permanent stay of prosecution. This process
could again take years to complete, making it
highly probable that Zuma will be president *4 if
and when he must finally appear in a court of law.
It is in keeping with the "Stalingrad" legal approach described by Zuma's
advocate Kemp J Kemp nearly two years ago as "we fight them in every room and in
every street". The penultimate political strategy involves what is known as the
Chirac *5 option.
According to University of the Western Cape Professor Pierre de Vos, the ANC
could, after the elections next year, amend the constitution to prevent a
sitting head of state from being prosecuted - as was done in Italy two weeks ago
to stop the corruption trial of Prime Minister Silvio
Berlusconi *5.
France did the same when it passed a law which made then President Jacques
Chirac immune from prosecution.
The final strategy involves the issuing of a blanket
amnesty to all politicians involved in the arms deal *6, the source of
Zuma's criminal charges.
A working document, produced by advisors to the ANC NEC's "arms deal task team"
and which the ANC has sought to distance itself from, shows how top minds within
the party believe an amnesty for Zuma could be justified.
* This article was originally published on page 1 of Pretoria News on August
02, 2008
With acknowledgements to Karyn Maughan, Kashiefa Ajam, Siyabonga Mkhwanazi, Sapa and Independent Online.