The whole brouhaha about secret tapes forming part of ANC president Jacob Zuma's representations to the NPA is just a mere speculation of the so-called opinion makers going off at a foolish tangent to divert attention from our criminal justice system under a cloak to hide their own preferences. DA and COPE have already used this as a fertile ground to score cheap political points with lying lips to conceal their hatred towards Zuma. What is at the core of Zuma's submission remains a long held view of the right to make representations to the NPA – a legal obligation which was rejected by the Supreme Court of Appeal. This fact is important in light of a growing public outcry over the alleged existence of tapped telephone conversations between former president Thabo Mbeki and then Scorpions head Leonard McCarthy, including former NPA head Bulelani Ngcuka, Mzi Khumalo and Saki Macozoma discussing a succession conspiracy against then ANC deputy president Jacob Zuma. Zuma’s defence never abandoned this argument despite differing interpretations and contesting opinions on the applicability of the constitutional right to make representations. To show that the NPA was too concerned with trivial matters, it has decided to accord Zuma a right to make representations against his corruption case in an effort to declare any further trial invalid. This was long overdue. In fact, it highlights subjective prejudices and attitudes of the NPA towards Zuma’s case. Be as it may, the NPA still carries the burden to prove beyond reasonable doubt an act or intent which is against the law and where Zuma is presumed to be guilty. If it fails to prove any of the probative elements, Zuma's case must be dropped without bowing to anyone’s agenda. Morgan Phaahla, Ekurhuleni
"An inch of time is an inch of gold, but you can't buy that inch of time with an inch of gold." --- On Tue, 3/31/09, Kaizer Mohau <[email protected]> wrote: From: Kaizer Mohau <[email protected]> Subject: [YCLSA Discussion] Re: Let prosecutors do their work To: [email protected], "Dominic Tweedy" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], "vuyiswa" <[email protected]>, [email protected], [email protected], [email protected], [email protected] Date: Tuesday, March 31, 2009, 4:26 AM RESPECT FOR THE JUDICIARY AND STATE ORGANS – MUST APPLY AT ALL TIMES The recent outburst by many in the media and their ideologues around the “possibility” that the (NPA) National Prosecuting Authority is to withdraw all charges against the President of the African National Congress Comrade Jacob Zuma – has made me convinced beyond any doubt that the issue of respect for the rule of law just does not exist in reality. For me this respect for the law has just become another phrase used by some to lure supporters for their political parties and views. Accordingly, the National Prosecuting Authority as a body of prosecutors is entitled to make prosecutorial decisions based on one reason or another, without any pressure or influence by anyone. To argue that the NPA is taking a decision due to political pressure by the ANC as the ruling party is nothing but a lie and a malicious attempt to convince the public that the ANC is corrupt – When we called on the NPA to withdraw all charges against President Jacob Zuma – we were accused by the media and their commentators claiming that we are now interfering with the work of the state institutions – and yet when Helen Zille wants to make political presentations to the NPA opposing its alleged decision on the withdrawal of charges – it is not called interference but something else – this is hypocrisy at its best political opportunism. Commentators and political analysts covered always by the media makes the point that the withdrawal of the charges against our President reflect a very sad story of a constitutional crisis for our country – they goes on to further argue that the ANC seem to have managed in pressuring the NPA and the judiciary to let Cde Jacob Zuma off the hook. But in all honesty, the decision by the NPA if it is true has nothing to do with the constitution of the land – the NPA has over time made very disturbing decisions including to charge Cde Jacob Zuma and non of those who were not comfortable with such decisions were given an opportunity to address a panel of prosecutors. For instance, in the case of the son of Margaret Thatcher – the NPA made an un-prosecutorial compromise – the DA and many of its ideologues like Justice Malala and Shadrack Gutto did not make the noise they are making now. And no one ever raised the question of an eminent constitutional crisis. There are hundreds if not thousands of cases which are withdrawn by the courts in our country – whether these withdrawals are correct or not is not an issue at the moment but the issue is why is it that these so-called public opinion specialists do not raise the issue of the constitutional crisis? One thing is clear from where I stand and that is, as we approach elections, political parties like the DA, COPE and their fans in the media will do and say everything no matter how ridiculous it might be only to score cheap political goals at the risk of compromising our stable democratic dispensation because they will lose nothing unlike the ANC whose many leaders, members and supporters have suffered dearly for the democracy we all enjoy to this day. As for us the decision to withdraw all these so-called charges is long overdue – it has been our view that there has never been any case to be answered by the President of the ANC and soon the country in any court of law. We have always believed and continue to believe that Cde Jacob Zuma is innocent and therefore to continue this political persecution will never benefit the country or our democracy in any way. It is within this context that we shall argue that if there is evidence presented to the NPA by the legal team representing our President and that evidence convinces the NPA to withdraw charges let it be – and we shall celebrate any pronouncement to this effect. But please let us not be abused by the DA and their African version in the form of COPE to think and wish otherwise. Whoever puts our constitution into a crisis will never be the ANC and its leadership but the unprincipled, unpatriotic and undemocratic so-called opposition. As South Africans we should learn to respect the institutions we have established, albeit our critical evaluation at all times of those institutions. 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