Mantashe attacks Mpshe

2008-11-18 21:01

Johannesburg - ANC general secretary Gwede Mantashe has sharply attacked National Prosecution Authority director Mokotedi Mpshe over comments he made to the media about the Nicholson ruling.

"The NPA has cast aside all pretence of professionalism or political neutrality," said Mantashe on Tuesday in response to an interview Mpshe gave to City Press newspaper, published on November 16.

"It has come out in the open and has effectively admitted that it is pursuing a political vendetta against President Zuma."

Mpshe said in the interview that his first thirteen months as acting National Director of Public Prosecutions (NDPP) and head of the National Prosecuting Authority (NPA) had been rough.

"The weight of the roughness came in that this trial (Jacob Zuma's corruption trial) was a political trial and was difficult for the NPA to handle," he said in the interview.

Political persecution

Mantashe said that this comment supported the ANC's long-held view that Zuma was subjected to "political persecution".

"Even more disturbing [is that] Mpshe has shown his utter contempt and disrespect for the rule of law by proclaiming that he would continue to hold that Judge Nicholson is 'wrong' regardless of the outcome of the NPA's pending appeal," said Mantashe.

In September Pietermaritzburg High Court Judge Chris Nicholson ruled that an NPA decision to prosecute the ANC president was invalid.

Zuma faced 16 charges, which included racketeering, corruption and fraud in a case in which French arms company Thint also faced corruption charges for allegedly bribing him for protection during an arms-deal probe.

Nicholson also said there was some merit in Zuma's contention that there was a political conspiracy tied to rivalry between himself and then president Thabo Mbeki.

Mpshe was asked in the interview how he would deal with the political implications of recharging Zuma.

'Nicholson was wrong'

In the first part of his response, Mpshe said: "If you ask me that question 14 years from now I'll still say Nicholson was wrong. Completely wrong.

"I don't foresee a stage where I'm going to change my position on this one. He's wrong and that's what I told him. Having said that, the NPA can't operate as an island and ignore what's happening around us."

Mantashe said Mpshe's statement was "ample evidence that he and the NPA had very little regard for the rule of law and for the ruling of our judiciary.

"Mpshe has committed a grave violation of his professional and legal duty as a prosecutor by allowing his judgment on the Zuma matter to be swayed by extraneous political considerations.

"He has admitted that much in his interview with City Press."

Mantashe said Mpshe's statement that he would hold Nicholson wrong even 14 years from now "means he would insist on holding that position regardless of the outcome of the appeal the NPA is currently pursuing.

Seeking ?media celebrity status?

"A more serious contempt of court and rule of law can scarcely be imagined!" Mantashe said. He also said Mpshe was seeking "media celebrity status".

Mpshe had done this "in flagrant disregard for the code of ethics prohibiting prosecutors from making public statements or issuing press releases that have a substantial likelihood of prejudicing a defendant's right to a fair trial".

Mantashe said when it came to the Zuma case, Mpshe's comments were "aimed at influencing and affecting the outcome of the forthcoming general elections".

Mantashe said that while a court of law had dismissed the NPA's case against Zuma, the NPA was appealing the matter.

"Accordingly, Mpshe's wilful disregard of the court rulings, code of ethics for prosecutors and his self-serving statements that President Zuma remains "an accused" deserve condemnation.

Comment from the NPA could not immediately be obtained.

Responding to the statements that the NPA disregarded judicial processes, Tladi said the comments by Mpshe were not politically motivated.

"The NPA rejects suggestions that comments made by advocate Mpshe were politically motivated and demonstrate that the NPA and its head have little or no respect for due process of the law and the judiciary," Tladi said.

- SAPA