Karima Brown
25 August 2008
Johannesburg — THE African National Congress (ANC) is giving the judiciary the "good cop, bad cop" treatment as it manages the fallout over ANC president Jacob Zuma's pending corruption trial.
ANC deputy president Kgalema Motlanthe came out in defence of SA's judges in an interview published in City Press yesterday. This is in contrast with senior ANC and alliance leaders, who have locked horns with some judges on their handling of Zuma matters. But these leaders insisted that Motlanthe's views were not at odds with the party line.
ANC secretary-general Gwede Mantashe said Motlanthe's defence of the judiciary provided "context" for the ANC's criticism of some judges, including Chief Justice Pius Langa's handling of matters relating to the ANC president's case.
"There is nothing in the interview of Kgalema that says judges are holier than thou. Kgalema is reminding us of the responsibility to respect the institutions of democracy."
Mantashe's views were echoed by South African Communist Party (SACP) boss Blade Nzimande, who added the SACP's voice to calls for the charges against Zuma to be dropped. The SACP says Zuma's rights have been so abused he cannot get a fair trial.
After the SACP central committee meeting yesterday, Nzimande said Motlanthe's comments on the judiciary were not "anything different" from the alliance's views. "We have noted the interview of the ANC deputy president, and he is not saying anything else. It also does not mean the judiciary is above criticism," he said.
Yesterday, the SACP backed demands for the Zuma prosecution to be dropped. This follows calls by sections of the business community, who have also urged the parties to find other ways to end the standoff between the National Prosecuting Authority (NPA) and Zuma, who is likely to be SA's president after next year's elections.
"The SACP is firmly of the view that continuation with the trial of Jacob Zuma is neither in the interests of our country nor that of justice.
"The manner in which the prosecuting authorities have handled the investigations and the trial undermines the basic precepts of natural justice ... And we are therefore of the view that he will not and cannot get a fair trial," Nzimande said.
Zuma has to answer to 16 charges of corruption -- including racketeering linked to SA's multibillion-rand arms procurement. He has been under investigation for more than seven years, and the trial has yet to start. Zuma's lawyers plan a stay-of-prosecution application.
"To this end an urgent political solution needs to be found in order to arrive at such a conclusion. The case against Zuma and its handling has for all intents and purposes ceased to be a legal matter, but has become a key political challenge facing our democracy going into the future," Nzimande said.
While Nzimande would not be drawn on what a political solution would entail, he did not rule out the possibility of an arms deal amnesty as a way forward. "I am not saying rule it out. However, the downside is that one would have to have a credible inquiry, including a possible judicial inquiry, because there are huge clouds hanging over the arms procurement process. This will have to precede such an amnesty process," he said. Other options include legislation along the lines of that in Italy, where laws prevent a prime minister being prosecuted while in office.
The chairman of parliament's portfolio justice committee, Yunus Carrim, who is also an SACP central committee member, supported such legislation . But it is understood ANC leaders prefer a "review" by the NPA of its case against Zuma to drafting legislation as a means to finding a way out for Zuma from prosecution.
Be the first to Write a Comment!
Copyright © 2008 Business Day. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
