Business Day (Johannesburg)

South Africa: ANC Calls for Inquiry Into Abuse of State Institutions

Johannesburg — IN WELCOMING the National Prosecuting Authority's (NPA's) decision to drop corruption charges against Jacob Zuma, the African National Congress (ANC) has called for a judicial commission of inquiry into how state institutions were abused to further its president's prosecution.

"Comrade Zuma was not the only casualty of this abuse of power. Our public institutions, meant to protect citizens, were deliberately rendered toothless and were too paralysed to offer any assistance to Zuma," ANC secretary-general Gwede Mantashe said in Johannesburg yesterday.

While the NPA admitted for the first time yesterday that former Scorpions boss Leonard McCarthy had colluded over Zuma's prosecution, it also inadvertently highlighted that the National Intelligence Agency and the executive -- under former president Thabo Mbeki's leadership -- had proof of the political conspiracy against Zuma at their fingertips.

"Indeed, the Zuma case has all the hallmarks of a vindictive politically motivated prosecution," Mantashe said.

The ANC and its allies - the Congress of South African Trade Unions (Cosatu) and the South African Communist Party (SACP) - held a joint press conference to examine the NPA's decision.

The tripartite alliance has long argued for the state to end its eight-year probe into Zuma on the grounds that he was being "persecuted".

But, until yesterday, there was no proof of interference. Cosatu said the union federation had been "vindicated" by the NPA's announcement.

"The federation has consistently stressed that it never sought to undermine the independence of the judiciary. Nor have we argued that the ANC president is above the law. We agreed with Judge (Chris) Nicholson that if there has been an attack on the independence of the judiciary, it has not come from the supporters of Jacob Zuma," general secretary Zwelinzima Vavi said.

The SACP said it did not only feel vindicated, but also angered at the waste of taxpayers' money to persecute Zuma. The alliance estimated that more than R110m had been spent on Zuma's prosecution and defence.

"Now is the time for a thorough and critical review of a number of key institutions .... Besides the justice system and the credibility of the NPA, the mainstream media should hang its head in shame," SACP general secretary Blade Nzimande said. While the ANC shied way from pinning the saga on Mbeki, Vavi was more direct.

"You all know the lingo. It's very hard to believe that it was not Mbeki. When they (McCarthy and former NPA head Bulelani Ngcuka) refer to someone as number one or the big man, you know who they are talking about," Vavi said.

On the NPA saying that it still had a case against Zuma, but could not prosecute because its hands were not clean, the alliance said the authority was trying to save face.

"Comrade Zuma did not get off on a loophole. What has been put before us is a very serious matter. This constitutes a threat to all South Africans," Nzimande said. ANC treasurer-general Mathews Phosa said that Zuma's case should serve as a lesson for all South Africans.

"What we need to do is examine the whole issue of the separation of powers. There is a lot to be learnt," Phosa said. But it was the Congress of the People (COPE) that earned the ANC's wrath yesterday, with the ruling party saying that the NPA's announcement made a mockery of the new party.

During the announcement yesterday, the NPA offered damning proof of Ngcuka and businessman Mzi Khumalo's interference in the Zuma case through McCarthy.

Both have reportedly been instrumental in COPE's formation. "Being deployed does not give them the authority to abuse state organisations. Today the NPA clarified questions that have been in doubt," Mantashe said.

He said the opposition, which campaigned on an anti-Zuma ticket, would have nothing more to say. "We, as the ANC, are now free to speak. We have a lot to say."

The alliance urged the NPA to take the Zuma matter to court and close it amid speculation that the charges would be reinstated at a later date. "They have no evidence that JZ is guilty of a crime. If they did, it would have gone to court in 2001, 2002, 2003, 2004, 2005 ..." Vavi said.

However, the prosecutions authority told reporters yesterday that there was no likelihood of Zuma being recharged. The NPA will withdraw the charges in the Durban High Court today.


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