A Western Cape group wants the date of the NPA’s appeal against the setting aside of corruption charges against ANC president Jacob Zuma to be changed to after next year’s elections.
The Society for the Protection of our Constitution said on Wednesday that Zuma would not be able to campaign effectively during the election period if he had a court case on his hands at the same time.
Society secretary Muhammed Vawda said papers were being served on the national executive committee of the ANC and the Minister of Justice and Constitutional Development — on grounds that several court rules, laying down the time frames for various legal processes to have been complied with, were violated by being shortened.
The group believes that hastening the appeal violates Zuma’s rights and will compromise the ability of the ruling party president to campaign in the lead up to the elections.
Setting November 28 as the date, argues the society, was done without the registrar checking whether Zuma, or former president Thabo Mbeki, would suffer any prejudice by the shortening of the time periods.
Mbeki has been given permission to join the appeal, even though he was not a party to the original court case.
The society said Zuma’s attorney Michael Hulley had complained about a lack of funds and had asked the registrar for a date in 2009, but this was turned down.
The society’s own letter to the register was met with the response that they were not parties to the matter, and that Zuma’s legal representatives could take the issue up with him if they felt their rights had been violated.
”The hasty assignment of the date of the hearing of the appeal in the Supreme Court of Appeal renders the president of the political party supported by the applicant being forced to campaign for the forthcoming general elections while maimed/crippled.
”More specifically, Mr Zuma is constrained in his campaigning by having to simultaneously give his attention to the appeal,” the group argued.
The society wants the ANC’s NEC to serve and file an application reviewing the decision of the SCA registrar for setting that date.
They also want an order that the minister of justice instruct the National Prosecuting Authority to apply to the registrar of the SCA for the postponement of the appeal until after the 2009 elections.
ANC spokesperson Jessie Duarte said it was too soon to comment as she had not seen the papers, but said she had received an SMS from the society informing the ANC of their intentions.
Vawda said the Cape High Court had set November 28 for the application, but an official could not be reached to confirm this.
Spokesperson Tlali Tlali said the NPA was ready to expedite the matter as soon as possible and it would be up to Zuma’s legal team to bring concerns such as these to the court’s attention.
Zuma’s lawyer Michael Hulley was not immediately available for comment. – Sapa