/ 4 February 2009

Youth League: A president on trial would embarrass SA

Prosecuting Jacob Zuma when he is South Africa’s president will embarrass the country, the African National Congress Youth League (ANCYL) said on Wednesday.

Earlier, Pietermaritzburg High Court Judge Leona Theron set August 25 as the date for Zuma’s criminal proceedings to go to court. On the same date Zuma also intended applying for a permanent stay of prosecution.

Senior counsel for arms company Thint, Michael Collins, said the company would return to the court on June 24 for its own permanent stay of prosecution application.

Two corporate entities were implicated in the state’s investigation.

The plan was to consolidate the two sets of charges into one.

”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,” said ANCYL president Julius Malema in Pietermaritzburg.

”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.”

Malema reiterated the league’s support for Zuma as the ANC’s ”face for the elections”.

”When we campaign we must campaign as if there are no charges against Zuma,” Malema told a crowd gathered outside the court.

”We must undermine these charges because they think that they will stop us.”

The Young Communist League’s Buti Manamela complained that Zuma was appearing for the ”100th time”, but said they would still support him.

”Those whose objective is to put him behind bars, we are here for Zuma,” he said.

”Zuma will be president when he comes back to court, whether the National Prosecuting Authority or [it’s acting head] Mokotedi Mpshe wants it or not,” said Manamela.

Wednesday’s court appearance follows January’s overturning by the Supreme Court of Appeal (SCA) of a ruling made last year by Pietermaritzburg High Court Judge Chris Nicholson, which held that the charges against the ANC president were invalid.

The SCA last month delivered a scathing judgement against Nicholson, describing his finding of political meddling as ”erronous”, ”unwarranted” and ”incomprehensible”.

The January ruling allowed the NPA to continue pursuing its corruption case against Zuma.

Some of the charges relate to alleged corrupt payments offered by Thint to Zuma in return for protection during a government probe into alleged irregularities in the country’s multibillion-rand arms deal.

Zuma’s lawyers are seeking to appeal the SCA ruling in the Constitutional Court and on Tuesday filed papers asking for leave to appeal. The NPA has 10 days to oppose Zuma’s appeal application.

Asif Latib, an ANC lawyer told journalists outside the Pietermaritzburg High Court that they would join Zuma’s Constitutional Court application to appeal the resumption of the case, filing their own papers on February 16.

On Wednesday a timeline setting out deadlines that the prosecuting authority and lawyers for Zuma and Thint have to meet was made an order of the court.

The timeline, agreed to last Friday, sets out dates by when Zuma, the NPA, Thint Holdings (Southern Africa) and Thint Pty Ltd have to file their legal papers and when they are expected back in court.

According to the timeline, provided by the NPA, on:

  • March 16: Thint makes its application for a permanent stay of prosecution;
  • May 4: The NPA delivers answering papers.
  • May 18: Thint delivers replying papers.
  • June 3: Thint delivers heads of argument.
  • June 15: NPA delivers heads of argument.
  • June 24 and 25: oral argument on permanent stay of prosecution application.

Timeline for Zuma’s application for a permanent stay:

  • May 18: Zuma delivers application for permanent stay of prosecution.
  • July 3: NPA delivers answering papers.
  • July 24: Zuma delivers replying papers.
  • August 11: Zuma delivers heads of argument.
  • August 19: NPA delivers its heads of argument.
  • August 25: oral argument delivered.

The NPA said the timetable would not be affected by Zuma’s application for leave to appeal to the Constitutional Court against the SCA’s judgement.

However, it added: ”In the event that the Constitutional Court grants Zuma’s application for leave to appeal against the SCA’s judgement of 12 January 2009 and upholds his appeal, the above-mentioned timetable shall fall away in respect of Zuma.” — Sapa