Thursday, March 22, 2012

The exhuming of President Zuma's trial?



One thing that is for certain, although dysfunctional, South Africa's political landscape is far from boring.

The latest news come from the courts- The Supreme Court of Appeal in fact. This section of the legal framework has ruled that the Pretoria High Court must review Mokotedi Mpshe's decision to stop legal proceedings against Jacob Zuma (JZ) in 2009.
Despite overwhelming documentary evidence, many related court battles lost by JZ and the court's finding that JZ was bribed by Schabir Shaik, when the latter was sentenced to 15 years for fraud and corruption, Mpshe ruled that it would be 'unfair, unjust, undesirable' to prosecute Zuma.

Further to this, it was Mpshe who claimed that the charges were part of a larger conspiracy to discredit Zuma (he has pretty much done that for himself since) and apparent intercepted phone conversations between Leonard McCarthy (Head of the then Scorpions) and then NPA head, Bulelani Kqcuka were used as evidence of this claim. How the NPA came across theses tapes, allegedly compiled by the National Intelligence folk, remains a mystery. But this was a case of not only throwing the baby out with the bathwater, but throwing away the tub as well.

It has always been contended that this was a political move that would pave the way for Mr Standard Two to become president. Which it did.
This latest ruling means that the National Prosecuting Authority (NPA) must hand over all documents relating to the case, to the relevant court for review. Well, we hope they do as it is also common in South Africa for organs of the state to ignore court judgments or the parts they dislike.

The Democratic Alliance did not stop in their pursuit of justice though, resulting in this momentous decision.  Although I have no doubt that the DA have some political motives behind this, I also have no doubt that a review of this case is in the public interest. Should the High Court dismiss Mpshe's reasons for stopping the prosecution, JZ is likely to face the courts-again. The irony here,is that Jacob always and famously at the time, wanted his day in court (although he did everything in his power to avoid prosecution) to prove his innocence. He never did though and still has a dark cloud hanging over him.

This come hot on the heels of Zuma announcing a probe into the corruption involved with arms deal (from which he and many other high ranking politicians have sticky fingers) and then stating that the finding will not be made public if he so decides. In other words, the media and public will be fed a lie, despite the finding.

The worry though, is that this latest decision will entrench the ANC's fight against an  independent judiciary as well as make them fight harder to get the famous Media Bill passed.

The ANC fought hard for democracy and since gaining freedom, has done what it can to curtail freedom and enrich the leaders. Corruption is scorned but pretty much accepted. Wait for the Nuclear Plant deal and who will gain millions from this.

Jacob Zuma needs to be tried for corruption, as do ALL of those who had their grubby little hands in the Arms Piggy Bank. Come to think of it, all government members who gained from corruption, should be prosecuted. Of course this will never happen though.
If Monty Python were still making comedy today, they could easily tap into this tragic comedy we live in.


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