Publication: Sunday Times Issued: Date: 2009-01-09 Reporter: Sapa

‘Zuma-NPA Deal Would Be Logical’

 

Publication 

Sunday Times
Date 2009-01-09
Reporter Sapa
Web Link www.thetimes.co.za



"It has really reached the point that there is no likelihood of a fair and unbiased trial taking place"

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.

ANC President Jacob Zuma will not be attending the court proceedings in the Appeal Court in Bloemfontein on Monday, the ruling party said in a statement.

Zuma’s lawyers have advised him that it would be unnecessary to attend the court proceedings as they are "formal and short".

"Lawyers have found it unnecessary for him to attend the proceedings where the Appeal Court will hand down judgment on the appeal of the NPA," said ANC spokesman Carl Niehaus.


Additional reporting by Nkululeko Ncana

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With acknowledgements to Sapa and Sunday Times.


*1       The handing down of judgments, except in major criminal trials (such as Schabir Shaik and Najwa Petersen) is normally formal and short, often just the reading of the summary of the judgment and the order, which normally takes just a few minutes.

The Parties, journalists and interested parties in attendance are left to read printed copies of the dozens of pages of the main judgment at their leisure.

These days the SCA publishes online its main judgments and summaries (official but not legally binding) on its website at :
http://www.supremecourtofappeal.gov.za/judgments/judgem_sca.htm
 
An important and relevant SCA judgment in this instance is Shaik v The State (1) [2006] SCA 134 (RSA) and can be found at :
http://www.supremecourtofappeal.gov.za/judgments/sca_2006/2006_062.pdf
 
Other equally important judgments are :
NDPP v Zuma & Hulley [2007] SCA 137 (RSA)
http://www.supremecourtofappeal.gov.za/judgments/sca_2007/sca07-137.pdf

 
Thint v NDPP [20074] SCA 136 (RSA)
http://www.supremecourtofappeal.gov.za/judgments/sca_2007/sca07-136.pdf

 
Fakie v CCII Systems (Pty) Ltd [2006] SCA 54 (RSA)
http://www.supremecourtofappeal.gov.za/judgments/sca_2006/2004_653.pdf
 
But in this case the entire judgment is likely to be read out by the chief of the five judge panel. The order itself is likely to require several pages and take several minutes because the appellant has asked for quite a lot in its appeal.

My guess is that the reading of this judgment will take between 20 and 40 minutes (2 sigma for the statisticians among us).

The handing down if the judgment is likely to be televised live by SABC TV and eTV.

So it's a very big affair - indeed one of the most important ever in the jurisprudential history of the country - ever - fullstop.

If ever a party to the proceedings wanted to be in attendance at such an opportunity, this is it - unless one thinks one not likely going to be the winning party.

My guess is that right now an upbeat team of winners is making its way to Bloemfontein (a rule of the SCA is that legal teams must fly there the day before a hearing and never, ever be late). Although this is not a hearing and attendance clearly not obligatory, a winning team would like to be seated by 09:45 CAT.

What a day it's going to be.

What a year it's going to be.