Rule+of+law,+not+rule+of+bias,+Letsoalo+interviews+Ntshalintshali,+M+and+G



='The rule of law? Yes, not the rule of bias'=

Matuma Letsoalo, Mail and Guardian, 30 November 2007
//Interview with COSATU Deputy General Secretary **Bheki Ntshalintshali**//


 * //Letsoaolo://** **There has been no indication from the NPA that it is intending to charge Zuma in the near future. Why did Cosatu issue such a threat?**
 * //Ntshalintshali://** It is not whether the NPA intends to charge him or not. The Scorpions have said in one of their minutes that they were intending to charge Zuma before the ANC conference. The recent suspension of Director of the National Public Prosecutions, Vusi Pikoli, was also a result of his delay in charging Zuma. The NPA also stated after the judgement of the Supreme Court of Appeal that it was not a question of whether to charge Zuma, but a question of when.

The intention [of the NPA] is to fight internal battles of the ANC. If Zuma was a nobody, he was not going to be charged. All the NPA wants is to block him from becoming the next president now that he has won the ANC nomination.
 * Everything you are referring to happened weeks ago, why did you choose to issue your statement this week?**

We have been saying for a long time that there are forces trying to block Zuma. What will block Zuma from taking over the position of ANC president is if he is charged. It is clear to us that Pikoli was suspended because he wanted to charge Jackie Selebi while he was delaying charging Zuma.
 * Are you saying any decision that the NPA might take now is based only on the outcome of the ANC nomination?**

We said before that we respect the rule of law. But we are concerned about speculations which suggest that the judiciary is not independent. It should be doing its work independently. There was interference when the NPA wanted to execute the warrant of arrest against the national police commissioner. We said we are concerned about the appointment of Frene Ginwala to head the commission of inquiry against Pikoli. The terms of reference of the commission failed to raise questions about the circumstances surrounding the warrant of arrest against Selebi.
 * What message are you sending about your commitment to the rule of law in the country?**

Even if the inquiry was to rule in favour of Pikoli, the question will remain whether he did obtain the warrants against Pikoli and why. The NPA is refusing to provide answers. The presidency has been giving us a lot of confusing answers. There is a lot of secrecy around that.

Your threat to challenge the NPA could be seen as a threat to the independence of the judiciary? We are raising questions, not interfering. There are questions about how the NPA has been operating from the day the former national director of public prosecutions, Bulelani Ngcuka, said there was a prima facie case against Zuma but not enough evidence to prosecute him. There are a lot of questions about how the NPA is operating. The NPA should clarify this, so that we can have confidence in it.

If the allegations that Pikoli was suspended on the basis that he wanted to be independent and refused to take instructions, anybody appointed to replace him should be on the basis that he will not refuse instructions. Mpshe still needs to prove that he is independent. We assume that he agreed with Pikoli on a number of things — including the warrants on Selebi — when he was his deputy.
 * Why do you believe the acting national director of public prosecutions, Mokotedi Mpshe, would make his decision to charge Zuma based on political pressure?**

There is no case against him, he has not been charged.
 * Zuma himself asked to be given his chance in court so that he can clear his name. So are you suggesting that the case against him should be dropped because of the ANC conference?**

For seven years? We don’t know what he will be charged for. There has been speculation about tax evasion. There have been a number of things. We think the NPA is engaged in a fishing expedition. They are desperate to damage his political career. To be an ANC president does not depend on whether you are charged or not. There is nothing in the ANC constitution that prevents Zuma from taking over as president.
 * But the NPA has been investigating him?**

There is no case against him.
 * How do you think the NPA should deal with the case against Zuma?**

It is. The prosecuting authority in any country plays an important role.
 * Do you think the NPA is an important institution in terms of fighting crime in the country?**

We would want it to be independent, with no political interference.
 * What changes would you like to see at the NPA?**

Its independence has been questioned [because of] the manner in which it has been dealing with many issues.
 * Are you saying it is currently not independent?**


 * From: http://www.mg.co.za/articlePage.aspx?articleid=326637&area=/insight/insight__national/**

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