News24

ANC unhappy about SCA's Zuma decision

2012-03-20 21:24

Cape Town - The ANC has voiced its disappointment at the Supreme Court of Appeal ruling that the NPA produce the record of its 2009 decision to suspend criminal charges against President Jacob Zuma.

"It is clear that democracy can be undermined by simply approaching courts to reverse any decision arrived at by a qualified organ of state," spokesperson Jackson Mthembu said on Tuesday.

Earlier, the court ordered the national prosecuting authority to "produce and lodge" the record of the decision with the Registrar of the Court within 14 days.

The Democratic Alliance was first appellant in the case.

"We have noted that the decision... does not reverse the NDPP's decision itself, but it focus[es] on procedural aspect[s], such as, whether the DA has the right to call for the review of the case and on the standing of the DA as a legal persona," said Mthembu.

While the matter received "a deeper legal analysis", the ANC wanted to highlight various matters.

These included the "continued attempt by the DA to use the courts to undermine and paralyse government", and the granting of "blanket permission to political parties to review any state decisions using courts", Mthembu said.

He questioned how the DA would conduct a review of the case when it could not have access to all the information which informed the national director of public prosecution's decision to withdraw the charges.

The matter should not go unchallenged as it might have huge implications for effective governance, including current and future decision of any organ of state, Mthembu said.

He said the ANC nonetheless would study the entire judgment together with its legal representatives with a view to challenging it.

Comments
  • Thakgalang Martin - 2012-03-20 21:31

    What are u hiding Mr Mthembu?

      Makosandile Mpunzi - 2012-03-20 21:36

      This shows how the DA dont care about our country's image and how they disrespect our president. no one questions the magistrate's decision.

      bernpm - 2012-03-20 21:37

      nothing really, just hanging in there till that info bill is legislated. then we can discuss anything that's not classified. Just be patient!

      Spyker - 2012-03-20 21:40

      Thank you Thakgalang.., If the ANC has nothing to hide then why is this even an issues - in fact they should be assisting the DA. Could we therefore construe that the ANC/Zuma is guilty as NOT YET charged..?

      Gollum - 2012-03-20 21:43

      It's got nothing to do with undermining democracy but rather about reinforcing transparency. Sweeping dirt under the rug doesn't make it disappear...it just makes it fester and stink. To clear the air the dirty laundry needs to come out.

      Francois - 2012-03-20 21:59

      The key ironic word is "qualified". I don't think Mpshe was qualified, he was IMOWP (in my opinion without prejudice) given that job just to make that decision. Then Jackson, if the ruling continuously makes decisions that cannot be challenged in court, it will not be challenged. The problem is not the court, but the matter before the court.

      Godfrey - 2012-03-20 22:33

      Dear Jackson, welcome to true democracy, not uncle Bob's democracy.

      Mehluli - 2012-03-20 22:49

      The DA is trying to overthrow the elected government with the aid of our so called courts.Will they succeed,the DA is quite sure that they will never make it through the ballot box.The ANC should change the constitution sooner before it is too late.

      Michelle Kirsten - 2012-03-20 23:08

      Good point ThakgalangR. As for the idiot who wants the constitution changed asap: what makes you think it will be changed in YOUR favour? Also another scary thought: were this a TRUE ol' democracy, only taxpayers would have the right to vote. Only male taxpayers. Scary. (Hehe)

  • Chad - 2012-03-20 21:34

    Rewrite the history books, rewrite the laws, one day you might even discover the wheel......

  • Nicholas - 2012-03-20 21:34

    You miss the point Jackson, this whole thing stinks and you know it. If everything was above board there would be no need for the DA to spend millions to get to the truth surrounding this cockeyed political decision by the NPA to drop charges against Zuma.

  • mastersvoice - 2012-03-20 21:36

    Democracy is undermined by manipulating the system, thus exposing yourself to be challenged in a court of law!. Its being challenged by "leaders" placing themselves above the law, and then expressing unhappiness when a democratic right is used to challenge and expose them as being charlatans. It seems the ANC are starting to fear the opposition, because they know they have too many skeletons in their cupboard.

  • lindz.kok - 2012-03-20 21:38

    yip but why was the decision so favorable towards zuma in the first place? and of course the d.a. will use the courts against the highly corupt and criminal ruling party ffs!

  • Makosandile Mpunzi - 2012-03-20 21:38

    the money they spend on finding an unknown truth could have been spent on education and social issues. or do they get a lot of money from our taxes that they don't know what to do.

      bernpm - 2012-03-20 21:44

      If SA had used this reasoning when looking for gold and diamonds, they would never had a mining industry but lots of schools....end no money to pay for teachers.

      Gollum - 2012-03-20 21:47

      That's exactly the problem. The truth is unknown and hidden. Hardly a healthy state of affairs. If the ANC had been open and honest from the start it could have saved a lot of cash which could have been used for education, social issues and all the other things ANC supporters overlook when the attend\see politicians freely spending cash on cars, parties and champagne.

      Xavier7034 - 2012-03-20 21:50

      Cast not the first stone brother for the moat may be in thine own eye

      Arthur - 2012-03-20 22:30

      Just as the zillions wasted on ANC's travels, parties, cars, 6 wives, and the rest, could be spent on education and social issues. The DA met it's own costs in the case. State money wasted on Zuma trying to block the courts.

      Michelle Kirsten - 2012-03-20 23:00

      Oh they know what to do with our tax money: change names of towns and streets and buildings and airports. Then pretend things are new!!

      mundu.olewega - 2012-03-21 03:38

      No money spent putting this crook behind bars is wasted. Zumba needs to answer to the law about his corruption in the arms dealt, then justice will be served.

      Colin - 2012-03-21 06:50

      ANC are the very last to talk about wasting money

      AnthonyZA - 2012-03-21 09:05

      Yeah...like the money spent on second planes and parties and fancy cars and houses etc etc etc...

      renofinch - 2012-04-12 18:05

      @Makosandile: I can't believe you actually wrote this comment and shows just how ignorant and brain washed you are. What about the billions the ANC have stolen over the last 18 years? Perhaps that would have been better spent on as you put it "education and social issues"? Let me guess you don't believe that either? Unfortuantely no amount of money is going to fix the social issues in our country because as you've demonstrated, they are ingrained in certain peoples cultural legacy - as is racism in certain others. Wake up and smell the coffee!

  • Burtfred - 2012-03-20 21:40

    The DA are not attempting to paralyse government; there is none to paralyse. They are excercising their democratic right to challenge corruption, theft, ineptitude and many other evils that pervade our so-called "ruling party" Jackson and your crooked cronies, if you can't take the heat, .. well I'm sure you know what to do.

  • Duncan Thabiso Mphailane - 2012-03-20 21:42

    You people must watch a documentary about Robert Sobukwe on SABC 1 and see what kind of a thinker your apartheid government was up against... Now.

      lindz.kok - 2012-03-20 21:51

      stupid racist boy this is the second time you brought this up in an unrelated article!

      lindz.kok - 2012-03-20 22:02

      "you people" "your apardheid" pretty bloody race specific!!!!! 1d1ot!

      Chad - 2012-03-20 22:02

      Duncan slow down, go discover the abacus and relax.....

      Chad - 2012-03-20 22:04

      Let me guide you first..... It's used for counting!

      Nibiru - 2012-03-20 22:11

      What has a documentary about robert sobukwe on sabc1 got to do with the above article. "documentary + robert sobukwe + sabc1 = propaganda"

      Duncan Thabiso Mphailane - 2012-03-20 22:11

      Just be brave enough to watch, I know its hard to look at what your government was doing... You'll learn a lot from this documentary.

      Jeremy - 2012-03-20 22:13

      We people try to avoid the SABCANC mouthpiece as it represents only that which the ANC wish the people to believe. It is pure propaganda. Jacob Zuma is the first citizen of this country. He should be above reproach and unimpeachable in his integrity. It is one of the internationally prerequisites in democratic countries. I agree that the ANC lean more towards a Chinese totalitarian state with little regard for human rights long term. However, right now we are a democracy. Clearly the ANC mandate of "Together we can do more" etc is not the one JZ is using to pervert and subvert the Judiciary, NPA, Police and any other organ of state he feels the need to take under his control. The ANC really has done very little in its time in power apart from embezzle and allow infrastructure to crumble. (Oh yes and build substandard housing for its loyal supporters) Now your leader is once again on the world stage with his trousers around his ankles, and instead of doing the decent thing, he get Jackson to spout arrant nonsense in the hope of getting the people backs up to defend his racist party. Right now the main protagonist of any kind of apartheid is the ANC. For without it there is NOTHING. For once in its dirty little life do the decent thing and prove that you have nothing to hide. But I fear that just like JuJu that will not be possible.

      Michelle Kirsten - 2012-03-20 22:56

      Define \us people\ and \our apartheid government\ please, as the only govt I was old enough to vote for was the one that started disappointing us in THIS century. You know, you really need to read a book and not just watch tv. It does something to you. And by you, I mean YOU. Not you people.

      eugene.joubert - 2012-03-21 00:12

      Enlighten us Duncan. What exactly where they doing that's not already public knowledge? No one here defending them so why the comment? Or perhaps you are a supporter of tit for tat??

      Sinudeity - 2012-03-21 00:13

      Lets wait for the ANC documentary, to show the people what your party is doing to our country.

      Colin - 2012-03-21 06:54

      Explain to me what this has got to do with apatheid. O yes, when all stupid arguments fail, use apartheid

      AnthonyZA - 2012-03-21 09:08

      Duncan, was is the key word. Perhaps when you get out of the past and live in the present we can move forward yes? I didn't vote for the Nats, I was too young.....and BTW white and apartheid are not synonymous, or did you not notice the genocide in Rwanda?

      Christian Evans - 2014-10-14 07:36

      Really Duncan....your Government, we hated it as much as you do, now move on please, enjoy the fresh air and get those chips off.

  • padreyer - 2012-03-20 21:53

    what a total idiot

      Poloyatonki - 2012-03-20 21:55

      You mean Zille?

      Mehluli - 2012-03-20 22:53

      Yes Zille is an idiot.

      Colin - 2012-03-21 07:00

      Poly and Mehl, I rest my case. Clearly you have nothing to bring to the table. Must agree with padreyer. Your honorable spokes person's comments are rather idiotic, and I fail to see where Zille comes in. It's typical of the totalitarian ANC to equal "government" with shaky decisions from people without a backbone. Give me one good reason why Zuma should not have his day in court.

      AnthonyZA - 2012-03-21 09:10

      I remember there were always at least two class clowns at school.....and here they are.

  • eben.ferreira1 - 2012-03-20 21:54

    Typical Response from the ANC. A decision, any decision, arrived at by any court is, in their blinkered view, only correct when the outcome is in their favour. Are they breally so conceited as to believe that only them mcan make correct decisions? Surely everybody else is not.

  • Phuti - 2012-03-20 21:57

    I think the president should just resign cos I don't want a president who who shall always b dragged to court.

  • Lekgwakgwa - 2012-03-20 21:59

    This shows how the DA care about the country all we are equal before the law no one must take decisions under the table so ANC need to support this ruling question is the magistrates take the decitions or only one man decition like toll roads come South Afrecan we need to know our rights viva DA viva

      eugene.joubert - 2012-03-21 00:08

      spelling needs a little work but you make a good point

  • madeleine.loyson - 2012-03-20 22:00

    It really makes me so sad that we have come to this.I am afraid for what might be exposed. I am afraid of perhaps being embarrassed AGAIN as a South African. I so wish that it would just go away ... but it won't ... and yes, the truth must out.

      Dee - 2012-03-20 22:43

      The corruption has already been exposed to the world by German, British and Scandanavian investigators. So the embarrassment is that our past and current Presidents where neck deep in the dirt; that our Govt continues on a path of disbanding, crushing and / or media-muzzling any effort to expose it. And the real embarrassment is that the ANC opportunity to live up to it's once noble intentions are completely mired by the Arms Deal filth. ..... and like a foul, festering carbuncle, it needs to be PUBLICALLY lanced and drained of the poison.I would accept a Truth & Recon process on it with amnesty, BUT each of the players pays back e.g. R10million towards schools and hospitals.

  • Lacrimose - 2012-03-20 22:03

    Hmm finding against ANC - anti-democracy let's examine the judiciary. Finding for the ANC - our democracy works, our judiciary is intact. Of course they're disappointed. They imagined the cover-up would go on forever, that the people would never find out their god (the ANC) has feet of clay, that their (Lootfreely) house is built on sand. The good news is that all tyranny ends - eventually.

  • Hilton - 2012-03-20 22:09

    Jackson...Young fellow...When ( Not relevant to this subject) will you ever have your teeth fixed up....?

  • rngobeny - 2012-03-20 22:10

    DOnt like the DA, but they are citizens and are raising critical issues. we{ anc) dont own the government!

      Donny Doncaster - 2012-03-20 22:17

      Top comment!

      Michelle Kirsten - 2012-03-20 22:44

      Good on you.

      eugene.joubert - 2012-03-21 00:15

      Now that's an intelligent comment. You don't have to like who's doing it but stand for what they are doing if you think it's right!

  • Christognus - 2012-03-20 22:11

    This thing is easy as ANC voted by majority the first step is to get rid of the so called constitution because is like a ferrari on a gravel road .We as black people is taking us no where this is a DA weapon,cde we need act now otherwise oppositionn will always win at court Viva ANC VIVA

      eugene.joubert - 2012-03-21 00:19

      Ferrari = constitution = good Gravel road = government = bad Yep the two don't mix. You almost had it right ;)

      Colin - 2012-03-21 07:07

      Christognus, you've given your game away completely. It is exactly your kind of mindset that is dragging this country down the drain. Wonder what Mandela would think of your desturbing comment.

      Piet - 2012-03-21 08:59

      What is this VIVA cr@p - Vauxall VIVA - I'll take the Ferrari thanks.

  • Mathibela - 2012-03-20 22:18

    M happy that the only authority that cannot be manipulated by these scandal-tainted, sex-manaic and polygamist called Shower is the judiciary.

      shanenefdt - 2012-03-21 02:08

      yet.......if not already.......

  • Mboneni - 2012-03-20 22:25

    There is no point in challenging the decision of the SCA,if the tapes are credible why not let the court have a view and then make an informed opinion.It is because the reason to drop the charges was not legal and as such cannot stand the test of the law.The tapes did not play any part to force people to have corrupt relationship,let justice be seen to be running its course wiyhout any fear or favour

  • Andrew Worrall - 2012-03-20 22:29

    Who cares. How tense was the Sundowns Pirates game? My nerves were shot.

  • Cracker - 2012-03-20 22:33

    Quotation from the judgement and emphasis added here: "[31] Section 1(c) of the Constitution proclaims the supremacy of the Constitution and the concomitant supremacy of the rule of law. In fulfilling the constitutional duty of testing the exercise of public power against the Constitution, courts are protecting the very essence of a constitutional democracy. Put simply, it means that each of the arms of government and every citizen, institution or other recognised legal entity, are all bound by and equal before the law. Put differently, IT MEANS THAT NONE OF US IS ABOVE THE LAW. IT IS A CONCEPT THAT WE, AS A NATION, MUST CHERISH, NURTURE AND PROTECT. WE MUST BE INTENT ON ENSURING THAT IT IS INGRAINED IN THE NATIONAL PSYCHE. IT IS OUR BEST GUARANTEE AGAINST TYRANNY, NOW AND IN THE FUTURE."

      Piet - 2012-03-21 09:21

      Yes and that doesn't jibe too well with a bunch of corrupt crooks and their corrupt pals. So what's the solution - get rid of this stupid constitution so we can steal without this continual irritation of the constitution.

  • Dlamini - 2012-03-20 22:40

    The last time I checked Parliament was higher than courts

      maseratifittipaldi - 2012-03-20 23:19

      Higher in terms of corruption, negligence, theft ,wastage and ego, but not higher on justice, I'm afraid. These heights will soon be withering.

      Donald - 2012-03-20 23:21

      check again.

      eugene.joubert - 2012-03-21 00:22

      U serious or sarcastic, I mean like HUH???

      shanenefdt - 2012-03-21 02:10

      what are you smoking dude???????

      march54 - 2012-03-21 02:20

      No one not even Parliament is above the Law. We are all answerable to the rulings of the Court which should remain apolitical.

      Colin - 2012-03-21 07:12

      People who believe that should not be allowed to vote. It is the tribal thinking with no regard for values.

      Piet - 2012-03-21 09:26

      Where did you check? The bottom of your garbage bin? The fact that you can vote and is allowed to drive a car and have children is a very scary concept.

  • sariena.robbertse - 2012-03-20 22:43

    We want the truth.If zuma is innocent then he has nothing to worry about.Maybe from now on he will have sleepless nights.

      Piet - 2012-03-21 09:02

      Oh no - having sleepless nights will violate his Human Rights. The case will be thrown out.

      roger.pacey - 2012-03-21 15:13

      That his financial advisor was found guilty of charges that mirror those that Mr Zuma would face is reason enough to worry about why charges against Mr Zuma were dropped. It's basically the same evidence. How come one man is convicted on the strength of it and the other has the charges dropped?

  • Zwelakhe - 2012-03-20 22:43

    I do not understand which part of the judgement the ANC is unhappy about, i.e., to make the spy tapes public or that the NPA's decision not to prosecute in any case is challengeable. On the first issue, why did Zuma and his defense make the spy tapes available in the public domain in the first instance, if the ANC is unhappy about that. On the latter issue, it cannot be that the NPA can decide willy nilly which case to prosecute and which case not to prosecute. We now know, through this case, that the decisions of the NPA are challengeable and cannot be final. The easier mechanism needs to be put in place to declare all the other officials within the NPA not fit to hold office, should it be proven that they did not apply the law to the letter. However, I am not saying that Mpshe did not apply his mind in this matter.

  • Muhammed Bhyat - 2012-03-20 22:57

    Clearly, the ANC has something to hide. Why else would it react to defensively?

      Piet - 2012-03-21 09:06

      Oh it's not too difficult to figure out what they have to hide. A corrupt crook was allowed to become president of the country. A bit like hiding an elephant in a public toilet (with or without walls).

  • Francois - 2012-03-20 23:06

    Mehluli - these so called courts were established by the GNU in 1994 with an ANC Minister of Justice (I think Dullah Omar). The constitutional court's judges are appointed by the SP - all of them were thus appointed by ANC presidents. The DA is not trying to overthrow the government via these courts, they are using the rule of law and the bill of rights as enshrined in the very constitution that the ANC has helped to draft to ensure that the rights of citizens are upheld in the very same way that the ANC can ensure human rights by going to the SAHRC. If you want to change the constitution, by all means be my guest. Please bear in mind that some parts of the constitution, especially the one of the seperation of powers, needs a 75% positive vote in parliament. For some of the other issues, it is only 66.7%. The ANC is a far cry away from the former at present and probably from the latter as well. There is however sanity in your argument - if the ANC wants to change the constitution it will need the 75% and that they will get if they govern well! Thus please show them where they are falling short and help them to improve - then maybe, just maybe, the constitution can be changed, but I dont think it will be necessary anymore.

  • champ.bopape - 2012-03-20 23:58

    "It is clear that democracy can be undermined by simply approaching courts to reverse any decision arrived at by a qualified organ of state," spokesperson Jackson Mthembu. Mr Mthembu, may I please remind you that the courts dispense the laws of the state,thus the responsibility lies with government and any organ of state to ensure that its activities and decisions are within the boundaries of our laws and not the other way round. Government is not above the law or the constitution of the country. My question is, Why is it that every time judgement is pronounced, government is quick to cry foul? Please government and any state organ, uphold the laws so you do not find yourself embarrassed!! I thank you.

  • eugene.joubert - 2012-03-21 00:01

    'These included the "continued attempt by the DA to use the courts to undermine and paralyse government", ' In my opinion: This is so true however he left out a few adjectives for government though...corrupt, cancerous, incompetent, lying, self serving, lazy, unethical, misleading etc. Of course you shouldn't undermine and try to paralize a government with these qualities. @Makosandile Mpunzi, Oh yes, please don't question anything in this country especially when it comes to areas of public interest. Heck that's exactly how apartheid 'died'- Oh wait that was the point! Seriously the one thing/body bound to tarnishing this country's image is a corrupt public institution. Let it be questioned and then proven either way in the interest of the public and those with doubts. PS: I base my 'adjectives' earlier in my post on news that the media conveys, then look for a pattern, use some common sense and come to a conclusion. Therefor if the news is factually incorrect my pattern recognising abilities are lacking and my common sense is below par, I must be wrong!

  • Maruis Kleynhans - 2012-03-21 00:18

    Come on mr president. Take one for the team and admit the truth. I you are not guilty you have worries then.

      Piet - 2012-03-21 09:38

      The truth is in the "eyes of the beholder". The ANC's truth is that they believe they have the divine right to rule. They change the names everything in sight, so why not charge the name of President Zuma to King Zuma?

  • shanenefdt - 2012-03-21 02:06

    leadership must have integrity and be transparent regarding its motives - this is clearly not the case with the ANC.......

  • nspaynter - 2012-03-21 06:46

    The ANC does not believe in transparency. The DA and most other opposition parties do. Most socialist/communist countries don't like transparency. We saw it when the ANC ran Cape Town. Everything was closed and only certain things were passed on to the public. Since the DA took over the City Council has been open. A typical example: The DA wanted to publish the plans for the then proposed Koeberg Interchange of the R300 and N1. Because the ANC were still in control of the Province and it was a provincial road they refused to allow the plans to be published. Why not? Surely the public had a right to see the plans? I vote for a government that is transparent and is corruption free.

  • Malesela Teffo - 2012-03-21 07:36

    Mthembu wat is it dat u(anc) knw n shuld not b knwn to us(de public)? Wats der to hide? U continue to paralize dis country n cry foul evrytime ppl try to correct thins. Allow de law to take its cos. Mandela ddnt cry foul wen He ws taken to court ke batho ba lepampune(rugby). U(anc) tried to stop de processes, but He honoured de rule of law n led by example.

      Shaylene Stenger - 2012-03-21 08:00

      Well said

      nspaynter - 2012-03-21 08:33

      I agree

      Lemohang - 2012-03-31 19:50

      The ANC doesn't know anything about the running of the country

  • guy.goes1 - 2012-03-21 09:10

    It appears time and again that the ANC stumbles over legal issues, the reason for this is that they think their decision making is the law.

  • Piet - 2012-03-21 09:15

    Undermine the democracy? What democracy? The democracy that allowed a corrupt crook to become the president of the country. Oh that democracy. Maybe it can do with some undermining - if it could get JZ and some of the other corrupt crooks into into jail it would be a great democracy.

      Lemohang - 2012-03-31 19:39

      There is really no democracy in Mzansi the ANC is doing as its pls: e-toll to mention but the few

  • Peter - 2012-03-21 10:10

    @Jackson Mthembu: Goebbels could have learned from you. Just as well he couldn't, otherwise we would all be speaking German now.

  • mbuchling - 2012-03-21 10:15

    Thanks DA! Why should the ANC be unhappy about this court ruling, or do they have something to hide? SA has become a political playground...

  • Michele - 2012-03-21 19:07

    Cape Town - The ANC has voiced its disappointment at the Supreme Court of Appeal ruling that the NPA produce the record of its 2009 decision to suspend criminal charges against President Jacob Zuma. Ag shame ......... We as country are another one step closer to finding out the truth as to how this blatant abuse of power was allowed and who benefited from what. Zuma should be in jail but instead he is in power and continues to loot this country (using family of course ) at will. The chickens are coming home to roost.

  • Morama - 2012-04-13 08:00

    ahhh,drunken Master!!! Can someone please stop this hamster?

  • Josephina Ramushu - 2014-10-14 11:16

    I cant see why all we had to complain,if it was u,would u not done the same?people forget so easily,the previous goverment also eat money,again all things happened they blame ANC,comment on things that are necessary,not insulting other

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