Zuma: ConCourt next?

2009-01-12 22:02

Fienie and Andre Grobler

Bloemfontein - A decision to uphold the National Prosecuting Authority's appeal against a High Court ruling halting the prosecution of Jacob Zuma could see the ANC leader heading to the Constitutional Court.

"We are giving consideration to the judgment, which might include an application for leave to appeal to the Constitutional Court," said Zuma's lawyer Michael Hulley.

Zuma, who nevertheless remains the African National Congress' presidential candidate in general elections this year, may again face charges of racketeering, money laundering, corruption and fraud related to the government's multi-billion rand arms deal.

"The effect of this decision is that Zuma remains charged," National Prosecuting Authority spokesperson Tlali Tlali said after its appeal was upheld.

"The parties would have to meet soon to look for a court date to bring the main criminal case on the roll again," he said, adding that there was no indication of a possible plea bargain.

Zuma was charged in 2005, but the case was struck from the roll in 2006. He was then re-charged in December 2007.

Pietermaritzburg High Court Judge Chris Nicholson set aside the decision to prosecute him in September 2008.

Nicolson 'failed to regard basic tenets'

In a unanimous ruling on Monday, five SCA judges found that Nicholson "failed to regard some basic tenets concerning the judicial function and failed to apply fundamental rules of procedure".

Nicholson said the National Director of Public Prosecutions should have offered Zuma the opportunity to make representations before re-charging him.

But the SCA overturned that finding, effectively re-instituting the charges against Zuma.

Nicholson also implied political meddling in the decision to re-charge Zuma, a finding for which he received stinging criticism.

"'Political meddling' was not an issue that had to be determined," said Deputy Judge President Louis Harms, while handing down judgment.

"Nevertheless, a substantial part of his judgment dealt with this question; and in the course of this discussion he changed the rules of the game, took his eyes off the ball and red-carded not only players, but also spectators."

The SCA held it was too late to strike out Nicholson's "political meddling" statements, as the "damage has been done".

Mbeki's recall

It is widely accepted that former president Thabo Mbeki was recalled from office as a result of the political meddling references in Nicholson's judgment.

Outside court, Zuma supporters wearing yellow ANC T-shirts gathered on Hertzog Square, opposite the court building.

ANC national executive committee member Mathole Motshekga shared the stage with ANC Women's League chair Angie Motshekga and provincial Free State chairperson Ace Magashule.

Mathole Motshekga told several hundred Zuma supporters that the ANC's presidential candidate was "not facing any legal trial".

'A political case'

"It is [a] political case. It remains a political case. It is a continuation of the political agenda we and our alliance complained about," he said to loud cheers.

He dismissed the SCA decision which, "with the greatest respect, was wrong", as mere rivalry between legal minds.

"We are dealing with the interpretation of the law by two different judges who obviously hold two different approaches of interpretations."

In reaction to the ruling, most opposition parties said it was time for Zuma to have his day in court.

"The NPA must immediately dismiss speculation that it is willing to drop the charges against Zuma and broker a special deal for him," said Democratic Alliance leader Helen Zille.

The SA Communist Party said it was convinced that the "persecution" of Zuma was a "politically inspired affair".

- SAPA