Judge Nicholson in his judgment correctly indicated that politicians should not interfere with the functions of the NPA nor impede or influence the manner in which they discharge these functions. President Mbeki has been ridiculed by those less informed of the judgment by Nicholson; and accused of being the chief conspirator against Jacob Zuma.
If indeed evidence existed that the NPA had been taking orders from the Union Buildings, it would be honourable for the president to step down for bringing the justice system into disrepute and acting unconstitutionally. At the moment, it is all hearsay and we should not be hypocrites by refusing to also afford the president his right of presumption of innocence until proven otherwise.
Since Judge Nicholson threw out the charges against Jacob Zuma, there has been a determined effort to prevent the NPA to exercise its legal rights. The decision by the NPA to lodge an application to appeal against the judgment by Nicholson has been met with expected hostility from the ANC and its alliance partners. The mindless intimidation and blackmail by the ANC, SACP, Cosatu and ANCYL are continuing.
The conduct of the ANC and its alliance partners goes against the judgment, which they lauded as good for democracy and the best thing since sliced bread. There is persistent political pressure from the ANC to intimidate the NPA in abandoning the pursuit of justice and bringing those who have found themselves on the wrong side of the law to justice. Judge Nicholson ruled that when there is a prima facie case, it is incumbent upon the NPA to proceed with charges, and this is what the NPA intend doing.
The ANC in its emotional reaction to the decision by the NPA said: “By not accepting the court’s ruling, the NPA has lost a valuable opportunity to bring the relentless pursuit of Jacob Zuma to an end.”
It is rather alarming that the ruling party would promote the subversion of justice and offending the sacred principle that we are all equal before the law. No court has pronounced on the serious allegations of corruption against Jacob Zuma and it is in his interest and the country that these allegations be tested before a court of law to avoid us having a president inaugurated with a cloud over his (shower) head.
The SACP’s statements that the latest development to lodge an application to appeal was further proof there was a “political force driving the NPA to make comrade Zuma’s ascendancy to the Union Buildings as difficult and unpleasant as possible”, is a nonsensical incitement of the masses that there is a sinister vendetta against Jacob Zuma.
Cosatu’s KwaZulu-Natal secretary Zet Luzipho said: “The fact that NPA wants to continue this case … is a declaration of war on our people … the NPA is using taxpayers’ money and 32% of that is from the workers. This is a matter of economic interest … it’s a matter of the state versus the masses.”
It is time that the authorities act against these imbeciles who are threatening the country with violence and anarchy if Jacob Zuma is brought before the courts. The rule of law must be respected and enforced without fear and favour.
Following a decision by the NPA to lodge its application to appeal, President Mbeki convened an emergency cabinet meeting to deal with thoughtless calls by the ANCYL, SACP and Cosatu for him to resign given Judge Nicholson’s insinuations that he may have interfered in the case against Jacob Zuma. Cabinet has come out disputing untested inference that there was political interference with the NPA’s decisions in the Zuma case, or any other matter.
The ANC national executive committee when meeting this coming weekend may be tempted to act in accordance with the untested inferences contained in the Nicholson judgment, drawing misguided parallels with the judgment by Hillary Squires, which led to the dismissal of Jacob Zuma, and pander to the hostile clamours of the ANCYL and ANC alliance partners. The ANC should practice what it preaches and resist the temptation to be driven by “personal pride, rather than reason”.
The unwavering determination by Jacob Zuma’ loyal supporters to install him as president of the Republic, by any means necessary, raises pointed questions about the promises that he brings. Does he promise anything far removed from what any other leader within the ANC is competent for? Given the senseless rantings of Jacob Zuma supporters, it would not be unreasonable to anticipate some pardon for thinking that the ANC is deficient of mature and competent leadership. Why Zuma at all costs?