With just more than a month to the African National Congress (ANC) presidential election, the party’s deputy, Jacob Zuma, will be waiting to see whether the National Prosecuting Authority (NPA) will recharge him for corruption.
This comes after Supreme Court of Appeal (SCA) rulings on Thursday that clarified the status of searches and documents related to the investigation against him and an arms company concerning alleged corruption in the arms deal.
The SCA:
- dismissed an appeal by Zuma and French arms company Thint to stop the state from getting documents being held in Mauritius that the NPA wants for any pending investigations against the two parties;
- upheld an appeal by the national director of public prosecutions against a high court order setting aside five search warrants against Zuma and his Durban-based attorney Michael Hulley, saying they were issued intelligibly and with certainty. A minority judgement agreed with the Durban court that the warrants were invalid because they did not intelligibly convey the ambit of the search;
- dismissed the appeal brought by Thint to set aside similar warrants for its Pretoria head-office; and
- dismissed an appeal against a high court order to hand all seized material back to Zuma’s Gauteng-based attorney Juleka Mahomed.
The NPA said it was pleased with the judgement because it proved that the authority and the Scorpions were following the rule book. It has not yet taken a decision on prosecution.
Hulley said that how the NPA proceeds will be keenly watched as some believe that the investigation has ”improper political motives”. He added: ”The timing and nature of the charges, should these eventuate, will be reflective as to whether such motives still exist.”
Zuma has been receiving support for the position of party presidency, and some quarters believe that the investigations are a ploy to remove him from the running.
Hulley said the next move will be to approach the Constitutional Court, as both the rulings in connection with Zuma’s appeal have strong constitutional law imperatives that fundamentally affect his rights.
”In particular, in relation to the warrants of appeal, we note the dissenting judgement relating to the constitutionality of the search-and-seizure, which underscores, with respect, the credence of our approach,” said Hulley. ”An application will be made for leave to appeal against the judgements to the Constitutional Court.”
The Constitutional Court is scheduled to hear its last matter of the year on November 23, with a February resumption, a court official explained. However, it could still consider a late application for a hearing.
Support
The South African Communist Party (SACP), Congress of South African Trade Unions (Cosatu), Congress of South African Students, the ANC Youth League (ANCYL), the Umkhonto weSizwe Military Veterans’ Association (MKMVA) and the Friends of Jacob Zuma Trust all issued statements in support of Zuma following the judgement.
”We are behind him, as president of the ANC and preferably of the country,” said the MKMVA.
”We are prepared for any eventuality and we believe that his lawyers will look into the judgement and decide what to do,” said Don Mkhwanazi, spokesperson for the Zuma trust, which has lobbied for support and helped raise funds for Zuma.
”We are being tested and we will stand our ground in backing Zuma; we are fighting injustice and prejudice,” said ANCYL president Fikile Mbalula.
”[Our] belief in Jacob Zuma’s leadership capabilities and our support for his candidacy as ANC president by ANC branches is unshaken and stronger than ever,” said Cosatu spokesperson Patrick Craven.
”We view this as an intensification of the existing illegal plan to criminalise the ANC deputy president before the [ANC’s] Limpopo conference in December,” said Cosas president Kenny Motshegoa.
Both the SACP and Cosatu expressed concern that the judgement had allegedly been leaked before being handed down, saying this undermined the credibility of the court.
Setback
The Freedom Front Plus said the judgement was a setback for Zuma and although it would not eliminate him from the presidential race, the matter would become considerably more complicated if Zuma were to be elected ANC president.
Party leader Pieter Mulder said the case taking so long was an untenable situation for Zuma, and confusing for the South African public.
Democratic Alliance leader Helen Zille said the ANC should postpone its conference until Zuma has had his day in court and a declaration of guilt or innocence has been made.
Independent Democrats leader Patricia de Lille, who is credited with publicising allegations of impropriety in an arms deal while still a member of the Pan Africanist Congress, called for Zuma to be charged with corruption.
The ANC said simply: ”We respect the court’s decision. As we have consistently maintained, the law must be allowed to take its course.” — Sapa