Recharging+of+ANC+President+Cde+Jacob+Zuma,+SACP




 * SACP Media Release, 29 December 2007**

=Recharging of the President of the ANC, Cde Jacob Zuma=

The South African Communist Party has learnt with dismay of the decision of the NPA to recharge the President of the ANC, Cde Jacob Zuma. We wish to express our strongest reservations and concerns about the political intentions of the NPA behind this latest action.

The SACP has consistently stated that whilst there is no one above the law, but at the same time organs of prosecution in particular, and the criminal justice system in general, must also act, at all times, in a manner that is beyond reproach or any suspicions whatsoever.

The actions of the NPA in the recent period, as well as in the past, have been subject to a lot of speculation over its real intentions on this matter. We wish to remind the South African public about the fact that Cde Zuma has now been subjected to more than seven years of investigation without a credible case being brought before the courts. In addition, the Public Protector, supported by Parliament, came to the conclusion that the rights of (now) the President of the ANC had been severely violated.

In the recent period, and two days before the commencement of the 52 nd ANC Conference the NPA released to the media its affidavit before the Constitutional Court making new allegations against the President of the ANC, in a manner that is at variance and at odds with the constitutional provisions regarding a (possibly) accused person. Secondly, on the day of the closure of the ANC Conference, the 20 th December 2007, the NPA publicly announced, through the media, that it was ready to charge the President of the ANC. Such decisions and actions are normally done through a court of law, and not through the media.

Now, in the middle of the courts' recess the NPA, once more first announce through the media, and only later informing Cde Zuma's lawyers, that they have issued a summons against the President of the ANC. This again is highly irregular, and consistent with the behavior of the NPA to treat Cde Zuma's case through the public media rather than through the due legal processes as prescribed in our constitution.

The SACP is strongly of the view that all these recent and past actions are nothing but the creation of conditions for Cde Zuma to be tried through the court of public opinion. It is these and other actions that have continued to foster the widely held perception that there is a political conspiracy against Cde Zuma in order to frustrate whatever political positions he might be considered for by the membership and supporters of the ANC. It is for this reason that the charging of Cde Zuma might as well go down as the first political trial of the post-apartheid era, at a time when all would have thought that all political trials ended with the demise of the apartheid regime in 1994.

It is the SACP's strongest belief that given the recent and past behavior of the NPA, Cde Zuma can never have a fair trial under these circumstances.

Even more disturbing is the perception that the Acting Director of Public Prosecutions might have been promised to be appointed permanently to this position on condition that he prosecutes Cde Zuma; and, on this score, we are saying "Watch this space"! Even more serious is the fact that Mr Mpshe might have met with some senior government political office bearers the day before his decision to prosecute Cde Zuma, thus further reinforcing the perception that he is not acting according to the law, but according to the political wishes of sections of the political leadership of either government or the ANC or both. Mr Mpshe seriously owes the South African public an answer to all of these if he is to be taken seriously in his job or else he may be perceived as acting as a typical former Bantustan pawn in a wider political agenda.

Of particular concern to the SACP is the meaning of, and actual reasons for, the mysterious suspension of the National Director of Public Prosecutions, Mr Vusi Pikoli. Could it be that Pikoli was suspended because he did not act according to the wishes of certain political elements within the state, especially in relation to Cde Zuma?

Given the latest developments the SACP wishes to reiterate its demand for the re-opening of a full and impartial investigation into the whole of the arms deal. Failure to do this reinforces the perception that there is selective targeting and investigation into particular individuals as a cover for those who might have actually, and corruptly, benefitted million of rands from this deal.

The SACP remains committed and willing to play a part in the process of rebuilding unity within the ANC and its broader Alliance, in the wake of the differences that surfaced in the run up to the Polokwane Conference. However, it needs to be said that reconciliation is a two-sided process and not for one side to be expected to reconcile whilst the other side remains on the offensive. At the same time there can be no reconciliation between genuine ANC cadres and forces that are hell-bent to use state resources against the core of the current ANC leadership under the guise of fighting corruption.

The SACP, like before, is convinced that the people of this country shall remain vigilant about the behavior of the institutions of the criminal justice system and shall at all times act to defend this democracy for the sake of our revolution and future generations to come.


 * Issued by the SACP.**


 * Malesela Maleka**
 * SACP Spokesperson**

By e-mail

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