/ 18 August 2003

Ramaphosa mediation role ‘inappropriate’

Two opposition parties on Monday said it would be inappropriate for former constitutional negotiator and now top businessman Cyril Ramaphosa to mediate in the process of any possible plea bargain involving Deputy President Jacob Zuma and others.

Although Ramaphosa met Scorpions boss Bulelani Ngcuka on Sunday he told a national newspaper group after the talks that he had decided not to play ”any role” in the mediation efforts, also involving Durban businessman Schabir Shaik and former Transport Minister Mac Maharaj.

He told the group that the legal and other mechanisms were in place to resolve the issues involved.

But in statements this morning both the New National Party (NNP) and the Democratic Alliance (DA) opposed any involvement.

DA MP Hendrik Schmidt said Ramaphosa’s reported attempt on behalf of the ANC to ”plea bargain” with Ngcukaon behalf of the three men was ”grossly improper, impertinent and the most inappropriate political interference with the prosecuting authority that we have ever seen”.

”This action by the ANC is a clear attempt to interfere with the independence of the National Prosecuting Authority to decide cases on the basis of available evidence.”

”It also indicates how desperate the ANC is to save its own image by preventing a full airing of the issues as raised in the media recently surrounding these three high profile ANC members.”

”The National Prosecuting Authority, which includes the Scorpions, has a constitutional obligation to remain totally independent of the ruling party and its whims.”

”It is mind-boggling that the appointment between Ngcuka and Ramaphosa has even been confirmed by Ngcuka’s spokesperson, as such a meeting should not occur at all. What is there to discuss?”

NNP MP Carol Johnson said Ramaphosa had no jurisdiction to arrange a possible plea-bargain. ”He has no legal standing or jurisdiction to intervene in the investigative process … nor does he have any legislative or legal authority to plea-bargain on anyone’s behalf.”

”Only once the investigation is complete, will there be closure on the matter. It is not in the best interests of all concerned to now call in an outsider to mediate and plea-bargain a deal between the parties. We cannot have our deputy president and a former minister with a cloud of suspicion hanging over their heads forever.”

”The Scorpions should be left alone to complete the investigation without fear of interference or mediation attempts from any outside party. There is a legal maxim which says that ‘justice must not only be done, but must manifestly be seen to be done’. This is what the NNP is asking for in this case.”

”A closed door mediation process will seriously harm the principles of independence and objectivity, under which the Scorpions should operate — and plea-bargaining of this nature will ultimately cast doubt over the credibility and legitimacy of the investigation.” – I-Net Bridge