COSATU+response+to+SCA+judgement+in+Zuma-linked+cases

COSATU Media Release, Thu 2007/11/08 12:52 PM
=COSATU response to SCA judgement=

The Congress of South African Trade Unions notes the Supreme Court of Appeal’s judgment in favour of the National Prosecuting Authority (NPA) in all four appeals related to the Scorpions’ probe of ANC Deputy President Jacob Zuma. Given that the matter is now to be appealed to the Constitutional Court, it is still an unresolved legal process, on which we cannot comment in detail. However we must point out Jacob Zuma has not been found guilty in any court of law.

COSATU is deeply concerned that this judgement was leaked to the media a day before it was delivered in court. Such conduct undermines the credibility of the judicial process. Leaks such as this have been a consistent feature of the way this case has been handled and this latest one reinforces COSATU’s long-held belief that from the outset the process has had all the hallmarks of a political conspiracy against the ANC Deputy President.

The Director of the NPA, Bulelani Ngcuka, said, in the presence of two cabinet ministers in 2003, that there was a “prima facie” case for charging Jacob Zuma, but that he would not be charged because the case would be unwinnable. It is now being alleged in Mark Gevisser’s biography that President Mbeki was also aware of this statement.

Yet in June 2005, he was dismissed as Deputy President and thereafter, after at least five years of investigations, the NPA claimed to have sufficient evidence and charges were laid against him. Two months later, however, in August 2005, during a meeting of COSATU’s Central Committee, the NPA found it necessary to raid his house and seize diaries and other documents in order to obtain evidence, and ever since the NPA has been arguing that their case depends upon the evidence seized in this raid.

Justice does not work this way. You do not charge a person then thereafter find evidence. You investigate, gather the evidence and then charge the person. But in the Zuma case the opposite is allowed to happen.

Despite this raid, however, the NPA could not proceed with its case because it had no evidence against Zuma, and it was struck off the roll at the Pietermaritzburg High Court in September 2006, six years after they started their investigation.

All this deepens our suspicion that that at the time when Zuma was charged and dismissed there was no case to answer, and the NPA and Scorpions had to start desperately searching for some evidence. The 2005 Central Committee was right to say that “we are dealing with a concerted politically inspired campaign aimed at destroying the political career of the Deputy President”.

Other recent developments, including the ‘Special Browse Report’, the unresolved emails saga and the suspension of Vusi Pikoli further point in only one direction – that the state institutions are being used to fight factional political battles. The whole process of the so-called corruption charges against Jacob Zuma has long lost any credibility and regrettably in the process the majority of citizens are asking serious questions about the independence of the judiciary.

Accordingly COSATU stands firmly behind the position it has been putting forward. Its belief in Jacob Zuma’s leadership capabilities, and our support for his candidacy as ANC President by ANC Branches is unshaken and stronger than ever.


 * Patrick Craven (National Spokesperson)**

Congress of South African Trade Unions

 * 1-5 Leyds Cnr Biccard Streets**
 * Braamfontein, 2017**


 * P.O. Box 1019**
 * Johannesburg, 2000**
 * SOUTH AFRICA**


 * Tel: +27 11 339-4911/24**
 * Fax: +27 11 339-5080/6940/ 086 603 9667**
 * Cell: 0828217456**

E-Mail: **patrick@cosatu.org.za**
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