Publication: Business Day
Issued:
Date: 2009-01-09
Reporter: Sapa
|
Zuma-NPA deal is ’logical’ thing to do - ANC |
It would be "logical" for ANC leader Jacob Zuma to seek a deal with
prosecutors if he faced graft charges again, the ruling party said today.African
National Congress spokesman Carl Niehaus said a "legal solution" needed to be
found, if possible, before general elections later this year. "It has always
been logical that there can be negotiations between Mr Zuma’s lawyers and the
NPA [National Prosecution Authority] on the legal matters," said Niehaus.
"We believe very strongly that a legal solution should be found on the
understanding that this case has been dragging on for so long; that Mr Zuma had
been tried by the media. "It has really reached the point that there is no
likelihood of a fair and unbiased trial taking place and that this whole matter
should now, in a legal way, be brought to a conclusion."
Asked if the ANC wanted a conclusion before elections this year, he replied: "If
it’s possible, yes, of course." But Zuma’s lawyers’ next move all depends on the
outcome of an appeal currently before the Supreme Court of Appeal. A bench of
five judges will rule on Monday in an appeal lodged by the National Director of
Public Prosecutions (NDPP) against a Pietermaritzburg High Court ruling handed
down last September.
Judge Chris Nicholson ruled that the NDPP should have afforded Zuma the
opportunity to make representations before it decided to re-charge him in
December 2007. This judgment effectively halted the corruption prosecution
against Zuma. If the court finds in his favour on Monday, Zuma, the ANC’s
presidential candidate, remains a free man and his lawyers will then probably
request a permanent stay of prosecution.
If it finds in favour of the NDPP, it means the decision to re-charge him
stands. Another aspect of Nicholson’s ruling is also under appeal. It is his
finding that he could not exclude the possibility of political meddling in the
decision to re-charge Zuma, a statement which ultimately led to the axing of
president Thabo Mbeki.
With acknowledgements to Sapa and Business Day.
It would be logical for Zuma to try to
wriggle out of a very onerous predicament in which he will surely find him at
around 11:00 CAT on Monday 2009-01-12.
Not only will he be facing charges that carry half a dozen minimum sentences of
15 years each, but he will be at pains to explain to his political followers and
fellow bumiputerians that he has to appear in court and can't rustle up a cogent
defence after having thought about it for the last six years.
But there's no deal in it for the other party.
And who is Willie Hofmeyer to be negotiating on behalf of The People.
Willie Hofmeyer is an out an out ANC deployee who happens to have a BA LlB
qualification.
And what nonsense about Zuma not getting a fair trial.
One thing that this six year legal pantomime has proven beyond all doubt is that
The State will be able to fairly state its case and The Accused will be able to
present their defences in a full and unimpeded way. This will be before a highly
experienced judge and two assessors who will spare no time nor effort to
evaluate and weigh the evidence before them and extract a judgment.
If the judge by any chance gets it wrong on any matters of fact or criminal law,
then another year or two will be allowed before the losing party will be allowed
to take its case on appeal before five even more qualified judges.
If these five judges by any chance get it wrong on any matters of constitutional
law, then another year or two will be allowed before the losing party will be
allowed to take its case on further appeal before eleven independent and liberal
judges.
One can't get much fairer than that.
Also, as far as I am aware, during the entire six month Schabir Shaik trial,
there was almost nothing with which the prosecuting or investigating teams could
be fairly criticised, despite some provocation from the accused.
As the prosecuting and investigating teams for the new trial are essentially
identical to that trial, there is nothing to suggest any likelihood of change in
their conduct.
Like the Zuma conspiracy theory which evaporated once counsel was challenged to
put it to the court, the unfair and biased allegations will have to be put to
and tested by the court and not put to the voting fodder, which is the ANC's
current spokesman's current target audience, as though it was fact.
Indeed it is not fact, it is bullshit.
Let the pantomime come to an end so that the nation-building effort that was
started in 1988/89 fully resume and so that Alan Paton and the rest of us can
stop crying.