Linda Ensor
17 September 2008
Cape Town — The National Prosecuting Authority (NPA) had a constitutional obligation to pursue corruption charges against African National Congress (ANC) president Jacob Zuma, Democratic Alliance (DA) leader Helen Zille says.
It would be a "miscarriage of justice" if Zuma were to get off the hook on a legal technicality, she said yesterday.
"Should the NPA decline to prosecute Zuma, the DA will investigate the option of privately prosecuting the ANC president as provided for in section 7 of the Criminal Procedure Act," Zille said at a media briefing.
In accordance with the call made by Judge Chris Nicholson in his judgment last week, Zille said it was critical that a judicial commission of inquiry be established to determine the truth of the arms deal once and for all.
President Thabo Mbeki should also be given the opportunity to answer the judge's findings that there had been political interference in the workings of the NPA. If he could not do so convincingly, he should resign or be removed from office through the dissolution of the National Assembly which would trigger a general election.
The DA has asked National Assembly speaker Baleka Mbete to urgently reconvene Parliament so Mbeki could explain his conduct before a joint sitting.
Zille said the law governing the NPA also needed to be urgently amended to insulate the institution from political interference both in terms of its decision-making and the manner of appointment of its national director.
"Given the prima facie case against Zuma, there appears to be no compelling reason for the NPA not to prosecute," Zille said quoting from Nicholson's judgment that "a prosecutor has a duty to prosecute" if there was a prima facie case and if there was no compelling reason not to do so.
"Any suggestions of political interference in the timing of Zuma's prosecution do not change the fact that, on the basis of Judge Hilary Squires's findings against Schabir Shaik, there is a strong prima facie case against Zuma," Zille said.
She stressed that Zuma could not be a fit candidate for the presidency until his name was cleared and he should withdraw.
Zille said Nicholson's judgment raised questions about government corruption ; Mbeki's fitness to remain in office; Zuma's suitability to become president; the ease with which politicians could influence the prosecuting authority; and Zuma's attempts to avoid his day in court.
Read comments. Write your own.
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.
I personally agree with DA leader...something is not right with this case.If Shaick was found guilty because of his dealings with Zuma,then Zuma must explain.There must be an explanation as to why Zuma has for a long time tried to avoid a day in court...