Turning Point |
Publication |
Cape Argus |
Date | 2009-04-11 |
Web Link |
Five days have passed since acting National Prosecuting Authority head Moketedi
Mpshe announced he was dropping fraud and corruption charges against ANC
president Jacob Zuma, and that passage of time has done nothing to dispel
concerns about that extraordinary step.
Many question marks remain against Mpshe's decision.
One is the weight he attached to recorded conversations between the former heads
of the Directorate of Special Operation and NPA. The evidence presented by Mpshe
suggests attempts to manipulate the prosecutorial process, but is it in itself
enough to have the entire case against Zuma thrown out?
Which leads to another question: why did Mpshe not place this in the hands of
the courts instead of using it to set free the man who would be president? Was
that evidence legally obtained? How did it get into Zuma's lawyers' hands? Would
it stand up in court?
But most importantly: why drop the charges against Zuma when, as Judge Louis
Harms stated in NDPP vs Zuma, "a prosecution is not wrongful merely because it
is brought for an improper purpose"?
The overwhelming impression left by these and
other unanswered questions around this issue is that a grave injustice has been
committed.
Mpshe appears to have buckled under pressure from the ANC and, in the
process, the rule of law has been savaged.
How much confidence can South Africans now have in the NPA? How much confidence,
for that matter, in the fight against corruption when Zuma is let off on charges
his prosecutors still argue are valid?
As if to ram home the point, Zuma himself clumsily hit out at the judiciary and
the Constitutional Court later this week. This from the man who will, in a few
weeks, be confirmed as president.
All of which suggests that those of us still clinging to the dream of a new
nation have been exposed as hopelessly naive.
Was this the week the new South Africa finally lost its innocence?