Trying Zuma is not the embarrassment, Mr Malema

“When (Jacob) Zuma comes back to court in August he will come back as the president of this country and the judges will have to address him as the president,” said ANC Youth League president Julius Malema in Pietermaritzburg after the city’s high court set the date for the next leg of Zuma’s legal travails.

“I just want to ask those who are behind this case if they would be proud to prosecute their own president and embarrass their own country.” (Times)

As I have repeatedly stated, Zuma is innocent until proven guilty in a court of law. Accordingly we must treat him as such up until the date upon which — and if — he is convicted.

Notwithstanding the fact that the organs of state are carrying on their prescribed functions is certainly not a cause for embarrassment.

If South Africa is to appear red-faced before the international community it’s on account of our ruling party putting forward a candidate who is currently facing all of those charges. Invariably most outsiders will believe that common sense should prevail and that an alternative candidate for the presidency should be submitted.

In the past I have repeatedly suggested a political solution being found for Zuma but this has been rejected as a non-starter. I was and am of the view that while there is a continued refusal to convene a general arms-deal inquiry, the singling out of Zuma is unacceptable.

If, however, there is a general arms-deal inquiry then Zuma would form part thereof and accordingly would not be a suitable candidate. That must, however, lead to his charges being suspended pending the outcome of the inquiry concerned.

Zuma, for his part, has indicated that he is seeking a legal solution which, should his applications and representations fail, has him on track for an August trial date. That said don’t be surprised if the matter is postponed.

Returning to the issue of embarrassment: This has no bearing whatsoever on the decision to prosecute or continue therewith. The basis for the National Prosecuting Authority’s decision to prosecute has been covered on this site ad nauseum and may be seen by retrieving previous articles. Regardless I reiterate the need for people to understand that the prosecutors, police and judges are simply doing the job you pay them for and should not be abused by politicians, media or anyone else.

Moreover it needs to be said that embarrassment is not a defence in law nor something that the criminal justice system would or should ever take into account.

It is rather something the ANC needs to factor in when taking the decision which will require the wisdom of Solomon — do we run Zuma for president or not?

The wishes of the delegates at Polokwane need to be weighed up against the problems that are facing the ANC president and which may well continue into his presidency. How effective will Zuma be in the circumstances, the impact this would have on the government and the possible fallout that might be visited upon the country.

In terms of the ANC as a party, very careful consideration must be given to the fact that should this whole thing implode while Zuma is president, necessitating him being recalled, it would be the second time that the ruling party will have failed to have seen a president through to end of term.

Their credibility as a ruling party, which suffered substantial damage as a result of former president Thabo Mbeki’s recall, would be dealt a massive blow.

And that, Mr Malema, would be very embarrassing.

Cartoon: Malema talks about embarrassing South Africa