Karima Brown And Hajra Omarjee
13 January 2009
Johannesburg — JACOB Zuma is likely to spend the bulk of his presidential term in court fighting off corruption charges if the legal impasse between him and the state is not resolved before the general election early this year.
Despite the Supreme Court of Appeal's ruling yesterday, which saw graft and racketeering charges automatically reinstated, Zuma remains the African National Congress's (ANC's) presidential candidate.
While senior ANC leaders brushed off suggestions that the court's finding would damage the party's election campaign -- saying its "core constituency" was solidly behind Zuma -- there is concern that voters considered to be "soft supporters" would be uncomfortable with Zuma facing criminal charges.
"Our internal research shows that the ANC enjoys 66% solid support, no matter whether JZ faces charges or not," said a senior ANC strategist.
"However, out of this, 9%, what we call soft supporters, did show some discomfort."
Yesterday's decision was yet another twist in the legal battle between the National Prosecuting Authority (NPA) and Zuma.
To date Zuma has made 38 court appearances, and the state's case has been thrown out of court twice.
In a scathing ruling, the court yesterday overturned Judge Chris Nicholson's judgment that criticised former president Thabo Mbeki, former NPA head Bulelani Ngcuka and former justice minister Penuell Maduna. Nicholson had said the three meddled unduly in Zuma's prosecution. This precipitated Mbeki's axing.
The ANC was adamant that yesterday's judgment had not affected its decision to recall Mbeki. ANC secretary-general Gwede Mantashe said: "It has no impact on the decision. It was not Nicholson who took the decision, it was the ANC's national executive committee."
Mbeki's aides said he was "studying the judgment", and was expected to comment soon.
Maduna said "No comment." When asked if he felt vindicated, he said: "Do my personal feelings really matter? I respect the decisions of all judges."
Zuma's lawyer, Michael Hulley, confirmed yesterday that Zuma would make representations to the NPA regarding his case. It is understood Zuma's legal team will try to convince the NPA to reconsider the nature of the charges in the hope that the state will drop its case.
"We have written to the national director of public prosecutions to indicate that we would like to make representations on the indictment which was served on Mr Zuma in December 2007," Hulley said. "The NPA has indicated its willingness to consider such representations and the parties are discussing the time frames within which this should be done."
NPA spokesman Tladi Tladi said: "We are on record saying that we will consider representations as and when they are made. There is nothing sinister about this."
Zuma has the option of appealing against the appeal court judgment in the Constitutional Court or applying for a permanent stay of prosecution.
The ANC's Mathews Phosa said the party was "keeping its powder dry" and considering options, including joining Zuma's court bid and an interdict against the NPA. "We don't want to rush into any option. We are studying the judgment. On the ground we are clear, Jacob Zuma is going to win an overwhelming majority for the ANC," Phosa said.
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