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South Africa: NPA Date Blunder Casts New Doubt On Zuma Trial
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Business Day (Johannesburg)
13 May 2008
Posted to the web 13 May 2008
Karima Brown
Johannesburg
AN ASTONISHING administrative oversight by the National Prosecuting Authority (NPA) could further delay the troubled prosecution of African National Congress (ANC) president Jacob Zuma, raising the prospect that SA's next president could be sworn in early next year while still facing criminal charges.
The administrative lapse came to light yesterday when it emerged that the NPA - which has faced a torrent of criticism over its handling of the now seven-year-long Zuma probe - apparently failed to consult KwaZulu-Natal Judge President Vuka Tshabalala over a date for the trial. It has said publicly, however, that the trial would commence in August.
Now its plans to haul Zuma before court again appear to have gone awry.
Tshabalala said yesterday the parties would meet on Thursday to finalise a trial date, but sources said it was highly unlikely the matter would be heard this year.
A letter in Business Day's possession, from Tshabalala to deputy director of public prosecutions Anton Steynberg, states that "no arrangement" had been made with Tshabalala on a date for Zuma's appearance in the Pietermaritzburg High Court.
Asked why it was necessary for him to be consulted on the date, Tshabalala said: "This is a high-profile case and it is different to other cases. It cannot be set down for a day or two. One is looking at six months at least. Also I needed to be consulted so that I could check the court roll and see which judges are available to hear the case."
No judge has yet been appointed. Tshabalala said that the state had consulted all parties when it had charged Zuma in a previous corruption case, which was thrown out of court by Judge Herbert Msimang in June 2006.
The continued postponement play s into the hands of Zuma's defence, who will argue that justice delayed is justice denied. They have consistently called for his right to a speedy trial to be respected.
The NPA's latest bungle comes amid renewed fears about the timing of Zuma's case.
The Constitutional Court still has to rule on the constitutionality of the search and seizure warrants which allowed the state to seize documents from Zuma's attorney's office.
"Given the pending matters in the Constitutional Court and the state's negotiations with Mauritius over evidence, it is more likely that we will go to court next year during the elections or even thereafter," a source close to the matter said.
Political analyst Aubrey Matshiqi said the criminal proceedings against Zuma were unlikely to affect his chances of replacing President Thabo Mbeki as head of state if the ANC wins the general election next year.
"The timing of the trial and the pace at which it will proceed will be out of pace with political events," he said. "Moreover, the ANC will likely argue 'innocent until proven guilty' and those arguing against Zuma's suitability for public office will not bear any fruit."
Efforts to prosecute Zuma could drag on for years. Apart from the lack of a trial date , there are pending matters in the Constitutional Court that could affect the admissibility of evidence in the state's case against the ANC president. The NPA's efforts to secure evidence from the Mauritian supreme court are not yet complete. And Zuma might apply for a permanent stay of prosecution on the basis that his right to a fair trial has been compromised.
Yesterday NPA spokesman Tlali Tlali would not be drawn on why the judge president had not been consulted, saying that "the state has always made it clear that it was ready to prosecute" immediately and had made this known in documents before the court registrar.
Matshiqi said while the case against Zuma will not change his political fortunes -- because it will not be concluded before next year when SA goes to the polls -- the ANC had to weigh its options as to Zuma's suitability for public office. "If he is constantly in court, it could cause instability and some paralysis at a time when the government is supposed to be speeding up delivery. It could also dent the image of the country," he said.
However, SA does not have direct presidential elections, which allows the ANC to take the risk of having Zuma as a candidate.
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Under a different political system the ANC would be much more sensitive to public and media opinion Matshiqi said. " At the moment Mbeki is so unpopular, he makes Zuma look good as an alternative. Mbeki's failure has made Zuma look good, Matshiqi said.
This stinks. We are not fooled. They created this technicality - which is not impossible to overcome by the way - so that the case against Zuma dies and nobody gets the blame. How can this case drag on when the Scorpions are facing extinction? Who do they think they are kidding? The only hope for a prosperous South Africa is when a credible opposition party comes up to challenge to ANC monopoly. Until, then we must just brace ourselves for one 'unsolved' corruption case after another. This is mockery of our judicial system. Sies!!
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