African National Congress general secretary Gwede Mantashe has sharply attacked National Prosecution Authority director Mokotedi Mpshe over comments he made to the media about Judge Chris Nicholson’s ruling.
In September Pietermaritzburg High Court Judge Nicholson ruled that an NPA decision to prosecute ANC president Jacob Zuma was invalid. Zuma faced 16 charges, which included racketeering, corruption and fraud in a case in which French arms company Thint also faced corruption charges for allegedly bribing him for protection during an arms-deal probe.
Nicholson also said there was some merit in Zuma’s contention that there was a political conspiracy tied to rivalry between himself and then president Thabo Mbeki.
”The NPA has cast aside all pretence of professionalism or political neutrality,” said Mantashe on Tuesday in response to an interview Mpshe gave to the City Press newspaper, published on November 16.
”It has come out in the open and has effectively admitted that it is pursuing a political vendetta against president Zuma.”
Mpshe said in the interview that his first thirteen months as acting National Director of Public Prosecutions (NDPP) and head of the National Prosecuting Authority (NPA) had been rough.
”The weight of the roughness came in that this trial [Jacob Zuma’s corruption trial] was a political trial and was difficult for the NPA to handle,” he said in the interview.
Mantashe said that this comment supported the ANC’s long-held view that Zuma was subjected to ”political persecution”.
”Even more disturbing Mpshe has shown his utter contempt and disrespect for the rule of law by proclaiming that he would continue to hold that Judge Nicholson is ”wrong” regardless of the outcome of the NPA’s pending appeal,” said Mantashe.
But NPA spokesperson Tlali Tlali on Tuesday rubbished Mantashe’s comments, saying Mpshe had merely given an overview on how the NPA conducted business in the past thirteen months.
”During the interview reference was made to a number of matters that have caught the attention of the South African public and the media. Those matters included the Jacob Zuma matter as well as the Jackie Selebi case. The ANC used the documented version of the said interview to attack advocate Mpshe and the NPA. This was totally unwarranted, was without proper basis and could have been avoided,” Tlali said.
He accused the ANC of isolating issues raised by Mpshe, leading them to get to ”tilted interpretations and unavoidably wrong conclusions”.
Implications
Mpshe was asked in the City Press interview how he would deal with the political implications of recharging Zuma.
In the first part of his response, Mpshe said: ”If you ask me that question 14 years from now I’ll still say Nicholson was wrong. Completely wrong. I don’t foresee a stage where I’m going to change my position on this one. He’s wrong and that’s what I told him. Having said that, the NPA can’t operate as an island and ignore what’s happening around us.”
Mantashe said Mpshe’s statement was ”ample evidence that he and the NPA had very little regard for the rule of law and for the ruling of our judiciary”.
”Mpshe has committed a grave violation of his professional and legal duty as a prosecutor by allowing his judgement on the Zuma matter to be swayed by extraneous political considerations.
”He has admitted that much in his interview with City Press.”
Mantashe said Mpshe’s statement that he would hold Nicholson wrong even 14 years from now ”means he would insist on holding that position regardless of the outcome of the appeal the NPA is currently pursuing.
”A more serious contempt of court and rule of law can scarcely be imagined!”
Mantashe said Mpshe had conducted himself in pursuit of ”media celebrity status”.
Mpshe had done this ”in flagrant disregard for the code of ethics prohibiting prosecutors from making public statements or issuing press releases that have a substantial likelihood of prejudicing a defendant’s right to a fair trial.”
Mantashe said when it came to the Zuma case, Mpshe’s comments were ”aimed at influencing and affecting the outcome of the forthcoming general elections in our country”.
Mantashe said that while a court of law had dismissed the NPA’s case against Zuma, the NPA was appealing the matter.
”Accordingly, Mpshe’s wilful disregard of the court rulings, code of ethics for prosecutors and his self-serving statements that president Zuma remains ”an accused” deserve condemnation.
Responding to the statements that the NPA disregarded judicial processes, Tladi said the comments by Mpshe were not politically motivated.
”The NPA rejects suggestions that comments made by advocate Mpshe were politically motivated and demonstrate that the NPA and its head have little or no respect for due process of the law and the judiciary,” Tladi said. – Sapa