Investigate Mpshe - ANC

2008-11-20 21:03

Johannesburg - Acting National Director of Public Prosecutions (NDPP) Mokotedi Mpshe should be investigated for violating ANC president Jacob Zuma's rights, the party said on Thursday.

Mpshe and the NPA should be investigated for unlawful conduct and for violating Zuma's constitutional rights, ANC treasurer general Mathews Phosa wrote in a letter addressed to the Public Protector.

"We are aggrieved by the unconstitutional, unprofessional and unlawful conduct of the NDPP director Mokotedi Mpshe."

The NPA and Mpshe had subjected Zuma to "the torture of public condemnation and loss of reputation".

"We therefore request that the Public Protector investigate and make findings that the NPA's discriminatory selection of Zuma for prosecution, repeated violation of his fair trial rights... have been unlawful, invidious or in bad faith," Phosa wrote.

Pietermaritzburg High Court Judge Chris Nicholson's judgement also featured prominently in the letter. In September Nicholson ruled that the NPA's decision to recharge Zuma with corruption was invalid.

Phosa also commented on remarks made by Mpshe during an interview with City Press newspaper on Sunday.

"We contend that Mpshe's latest statements reflect a pattern of prosecutorial misconduct in which inflammatory press releases, media interviews and false... misleading statements are often used to prejudice the rights of president Zuma," Phosa wrote.

In the interview Mpshe said he was adamant that "Nicholson was wrong. Completely wrong".

This statement, according to Phosa "disregarded any court rulings".

"Nothing can undermine the rule of law more than a prosecutor's admission that its decisions to prosecute would be arrived at or based on political considerations... and that Judge Nicholson's ruling will be disregarded as wrong even 14 years from now," Phosa continued.

Phosa also asked the Public Protector to consider a ruling he made in 2004, indicating that the NPA's prosecution had violated Zuma's rights.

- SAPA