Willem Heath (NPA must ask itself how Zuma case will help SA,
February 13) challenges the National Prosecuting Authority (NPA) to state its
reasons why continued prosecution of Jacob Zuma is in the public interest.
For Heath, continued prosecution is against the public interest because it:
Destabilises the African National Congress (ANC);
Severely prejudices the ability of the nation to function, to allow the state to
serve the interests of the populace;
Has considerable cost implications;
Adversely affects the economy;
Compromises the governability of SA right into 2011;
Harms international investor confidence;
Deprives Zuma of preparation for assumption of his presidential duties; and
Runs contrary to the 2003 findings of the public protector.
Barring the last, disingenuous
reason, all of these are factual assertions of adverse consequences that need
argument.
By contrast, continued prosecution would serve democratic principles, and thus
long-term public interest, unambiguously communicating that:
All are equal before the law and not even the incumbent of the highest office
can escape it;
Even if the state pays your legal costs and you test the boundaries of the legal
system, you cannot escape prosecution;
No one political party can be immunised against being destabilised in the
democratic process;
Destroying democratic institutions, such as the Scorpions, for narrow political
ends, may not secure your immunity from prosecution;
The organs of the democratic state, such as the NPA and judiciary, will outlive
any political party’s self-serving assaults;
The state can continue to serve the interests of the nation through continued
service delivery because the public service and the ruling party are not one;
and
The state commits to fighting fraud, corruption or racketeering which would be
a more sustainable way of boosting investor confidence.
If the ANC seeks to serve the public interest, its choice is obvious.
Willem Landman CEO, Ethics Institute of South Africa; Extraordinary Professor of Philosophy,
University of Stellenbosch
With acknowledgements to Willem Landman and Business Day.