Publication: Business Day Issued: Date: 2009-02-05 Reporter: Hajra Omarjee

NPA may Face Battle with President

 

Publication 

Business Day

Date 2009-02-05
Reporter Hajra Omarjee

Web Link

www.businessday.co.za


 

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The next time ANC president Jacob Zuma steps into the Pietermaritzburg High Court, it may well be as the president of SA. Picture: Reuters.



The next time African National Congress (ANC) president Jacob Zuma steps into the Pietermaritzburg High Court, it may well be as the president of SA.

“When Zuma comes back to court in August he will come back as the president of this country and the judges will have to address him as the president," the party’s youth league president Julius Malema said yesterday after Zuma’s brief appearance in court.

“I just want to ask those who are behind this case if they would be proud to prosecute their own president, and embarrass their own country."

Earlier, Judge Leona Theron provisionally set down Zuma’s next court appearance for August 25, when he was expected to apply for a permanent stay of prosecution.

Should the National Prosecuting Authority (NPA) proceed with its case against Zuma, it may be setting itself up for an
ugly court battle with the head of state *1, fully backed by the ruling ANC.

Addressing
thousands *2 of supporters outside the court yesterday, Zuma said he would not back down.

“What has happened to me is that certain people have thrown this dark cloud to me with the aim of demonising me … I am not going to step aside, simply because I have not been found guilty by any court of law. I respect the constitution and I understand it,” Zuma said.

Having been accused of corruption, racketeering and tax evasion, Zuma is
in the process of making representations *3 to the NPA in the hope of persuading prosecutors to drop the charges against him.

He has also lodged an application with the Constitutional Court, appealing a Supreme Court of Appeal judgment that reinstated a decision to prosecute him.

ANC secretary-general Gwede Mantashe told the crowd that Zuma’s court case had gone from a prosecution to a persecution. “This is not only about Zuma, but about the ANC. They want to prevent the ANC president from becoming the president of SA .

“They want to destroy the head of the (party) because they know that if you destroy the head, you destroy the body.”

The Young Communist League’s national secretary Buti Manamela said yesterday was Zuma’s “100th court appearance”.

The ANC has announced that it will apply to the court to be an
amicus curiae *4 or friend of the court, so that it could also make representations in the case.

Inkatha Freedom Party leader Mangosuthu Buthelezi echoed the sentiments of many critics, saying the country would “be subjected to a
continuous political crisis in future” should Zuma become the next head of state.

“This may have dire consequences for our country. A lack of investor confidence, slow inflow of capital from abroad and uncertainty in respect of government and our democracy as a whole, could be expected,” Buthelezi said.

Zuma may spend the bulk of his likely presidential term in court fighting off corruption charges if the legal impasse between him and the NPA is not resolved before the general election.

President Kgalema Motlanthe is expected to announce the date for the ballot in a matter of days. With Sapa

With acknowledgements to Hajra Omarjee and Business Day.




*1       Beauty is in the eye of the beholder.

It's either this, or the equivalent beauty of a signed nulle prosequi certificate.


*2      Just now it was hundreds, now its thousands. What is it?


*3      We'll see if this actually comes to pass.


*4      Two can do the amicus curiae tango.