Opposition parties have been quick to hit out at the reported intention of the National Prosecuting Authority (NPA) to drop charges against African National Congress (ANC) president Jacob Zuma.
Allan Boesak, the Western Cape premier candidate for the Congress of the People, warned on Wednesday that dropping the charges would be ”a total indictment of our institution of democracy”.
Despite a denial from the NPA spokesperson that any such decision has yet been made, Boesak warned: ”[It] will represent a travesty and would smack of pre-election manoeuvring —
”The consequences for South Africa will be dire and the reputation and credibility of our country will be tainted substantially both nationally and internationally.”
Patricia de Lille, leader of the Independent Democrats — and also the Western Cape premier candidate — said that if the reports are true, it is a sign of things to come from the crowd that voted Zuma in at Polokwane.
‘Sign of things to come’
”If the charges are dropped the biggest casualties will be the visions, values and ideals of the struggle, which were to build a democratic society where all of us were equal before the law,” De Lille said.
She added: ”Our country’s fight against crime will be further weakened if the message is sent to our people that when it comes to justice, some of us are more equal than others.
”When you have a situation where criminals are justifying their actions because leaders in the ruling party have charges dropped simply based on their position, then you are facing a judicial nightmare, where there are different types of justice for different people.”
Bantu Holomisa, leader of the United Democratic Movement, insisted that Zuma must have his day in court. ”The rule of law depends on all being equal before the law,” he said.
”The people of South Africa have a legitimate expectation that once a person is charged, he/she will have their day in court, especially an accused person who has been so thoroughly investigated and charged as Mr Zuma.
”Any other outcome will only reinforce this perception that the ruling party is undermining the judicial system and the rule of law.”
Holomisa also criticised Mo Shaik, the brother of paroled fraud convict Schabir Shaik, for a ”cynical attempt at forcing the NPA to make an announcement that would suit his personal and political agenda”.
”He implies that he has access to confidential prosecutorial communication,” Holomisa said. ”The NPA must refute his assertions and should charge him for illegal espionage and crimen injuria.”
Mo Shaik told students and ANC members at the University of Pretoria on Tuesday: ”Many of you will be moved by what I’m about to say, but in the national newspapers that’s going to break tomorrow [Wednesday] morning is going to be the following headlines: ‘The National Prosecuting Authority has decided not to prosecute Jacob Zuma’.”
Zille asks NPA to deny dropping the Zuma charges
The leader of the Democratic Alliance (DA) Helen Zille joined other opposition chiefs in condemning the rumours.
She has written to the head of the NPA, Mokotedi Mpshe, urging him to deny the media reports.
”If the NPA agrees to withdraw the charges by means of a special, backroom, deal with Zuma’s legal team, this would create the impression that the NPA had capitulated to political pressure from the ruling party,” Zille said on Wednesday.
”The fact this deal was brokered on the eve of a general election would strengthen that perception — The NPA must not set a precedent that powerful politicians deserve special treatment. That would undermine the rule of law and make a mockery of the principle that all are equal before the law.”
If Jacob Zuma is not guilty of corruption, then why is he unwilling to answer the charges against him in a court of law, Zille asked.
”If Zuma is innocent, then he would surely welcome the opportunity to clear his name in court,” she said.
”He would certainly want to avoid the perception that he escaped justice as a result of a backroom deal with the NPA — especially now, as the ANC prepares to nominate him as its presidential candidate in Parliament after the election on 22 April.”
She said that any special deal for Zuma would destroy, at a stroke, the reputation of the NPA, as well as a key principle underpinning our Constitution — that all are equal before the law.
”It is possible,” the DA leader suggested, ”that Zuma is pressurising the NPA to drop the charges against him in return for a guarantee that there will be no purge of NPA officials should he become state president. This, of course, would amount to political blackmail.”
The leader of the Inkatha Freedom Party, Mangosuthu Buthelezi, has also added his voice to the clamour against dropping the charges. ”I would like to reiterate my conviction that Mr Zuma should be allowed his day in court,” he said.
”Mr Zuma has consistently requested that he be given an opportunity to clear his name in court, and one can only regret that this opportunity looks likely to be denied him.
”My fear is that there might be perception at home and overseas is that political exigencies have overtaken the rule-of-law … a political solution to a legal question.” — I-Net Bridge