Cdes lets allow Floyd some space to continue winking in the dark. Suddenly he is a legal analyst. Thanks for nothing Floyd!
On 3/30/12, [email protected] <[email protected]> wrote: > This article has Chikane tendencies embedded in it and comrades we must not > forget it is written out of anger and frustration. > > Sent via my BlackBerry from Vodacom - let your email find you! > > -----Original Message----- > From: "Trevor Kekana" <[email protected]> > Sender: [email protected] > Date: Fri, 30 Mar 2012 09:42:54 > To: <[email protected]> > Reply-To: [email protected] > Subject: [YCLSA Discussion] Floyd Shivambu unplugged: M&G article > > > > In December the ANC will have its 53rd national conference in Mangaung. > Almost all the media are speculating about what the real issues of focus > will be -- and those relating to leadership elections seem to be > elevated above all other issues. There is, however, an elephant in the > room. > > No one is paying significant attention to it, either because they are > oblivious or because they fear those with state power will suppress and > isolate them if they speak about this issue. At the risk of being > isolated and purged, I want to address the elephant in the room -- which > is the reality that President Jacob Zuma is accused of corruption and > has yet to have these allegations tested in court. > > > > It is a matter of fact that the state, of which President Zuma is head, > has a prima facie case to which he should answer in a court of law. In > 2009 the charges against him were withdrawn on the basis of the > gossiping and backchat of some senior National Prosecution Authority > (NPA) officials about whether President Zuma should be arrested before > or after the 52nd ANC national conference in Polokwane in 2007. > > These officials are not said to have concocted charges against President > Zuma. They are said to have discussed when he should be arrested and > brought before a court to respond to allegations that he illegally > exchanged monies with a shady individual, Schabir Shaik, who was > described by the prosecution as -having a "generally corrupt > relationship" with President Zuma. The high court's judgment was that > Shaik was guilty. > > The Supreme Court of Appeal has been deciding whether a high court > review of the decision to drop charges could proceed. Whatever else can > be said, the reality is that the then acting national director of public > prosecutions, advocate Mokotedi Mpshe, shelved principle for political > convenience in 2009 as a result of political dynamics in the country. > The ANC, its leagues and the alliance were unanimous that Jacob Zuma > should become president of South Africa and a majority in society > accepted that. For the sake of political convenience, which seemed to be > a principled intervention at the time, advocate Mpshe decided to > withdraw the charges -- not on the basis that President Zuma did not > commit the crimes, but on the basis that those prosecuting him were > gossiping about when to arrest him. It was the result of public pressure > from members and supporters of the ANC, including the commitment to "die > and take up arms to kill for Zuma" of ANC Youth League president Julius > Malema. > > Now the people who were gossiping about when and how to bring President > Zuma to account are no longer in the NPA. Yet the fact that the state > has a case against him remains. > > Equality before the law > The ANC fought for political freedom on the non-negotiable principle > that all should be equal before the law. This found expression in the > Freedom Charter: "There shall be equal status in the bodies of the > state, in the courts and in the schools for all national groups and > races." > > The principle was reinforced in the Constitution of a democratic South > Africa. Those who drafted the Constitution deliberately avoided > "presidential immunity" because they had learned how that could make > leaders refuse to step down from office and opt for "aloota continua", > protected from prosecution. > > As a test of our constitutional democracy, we should allow a court of > law to determine whether President Zuma violated the law or not. He > should voluntarily answer to the allegations. To protect the integrity > of our democracy, the ANC leadership should be exemplary in all matters > relating to the Constitution. > > If the ANC and its leadership undermine the Constitution for political > convenience, South Africa's democracy is under serious threat. South > Africa could degenerate into a banana republic in which state machinery > is used to settle political scores and shift the balance of forces. > > If the truth be told, any president facing the possibility of being > arrested is dangerous to himself and the nation. Naturally, hoping to > avoid arrest, such a president will surround himself with cronies and > blind loyalists in key state security institutions. Such a president > could even try to change the Constitution and the law to protect himself > from prosecution, or find a way of undermining court decisions through > political power. > > Now, the appeal court has passed judgment against President Zuma, saying > that a high court review of the 2009 decision can proceed. > > Courts shouldn't resolve political squabbles > No one in their true political senses would ever agree with the > Democratic Alliance's use of the courts to determine political battles > and processes. The ANC Youth League rejected this view on various > occasions and we remain firm on it. The DA is not representative of the > people of South Africa and does not deserve an iota of respect from > anyone. > > The illusion that those in the ANC-led national liberation movement who > defend the equality clause of the Constitution are "liberal democrats" > should be dismissed with contempt. Some of us have, with no support from > the leadership, been proponents of amending section 25 of the > Constitution to realise real and genuine equality. > > Since the beginning of allegations of corruption, fraud and money > laundering against President Zuma, most of us have been solid and vocal > in defending him against conspiracies to prevent him from becoming > president of South Africa. > > Our view, which we expressed openly, was that those who had control of > the criminal justice system, or who acted on the pretext of protecting > then-president Thabo Mbeki, used state institutions to prevent Jacob > Zuma from assuming the highest political office in the land. > > We stood firm against the abuse of state institutions for narrow > political purposes. We never said or insinuated that we supported > corrupt practices. We opposed, and continue to oppose, the abuse of > state institutions for political purposes and we are firmly opposed to > all crimes, particularly those such as corruption, which deprive the > poor masses of resources that could liberate them from poverty and > starvation. > > The Supreme Court of Appeal's judgment says advocate Mpshe's 2009 > decision to drop charges is reviewable. It can be reviewed because, in a > democratic South Africa, all are equal before the law. > > No one can believably argue now that state institutions are being used > to prevent Jacob Zuma becoming president -- he is the president of South > Africa. > > There is a case to answer > In dropping the charges, advocate Mpshe did not claim there was no case > to answer, but said that interference by some NPA and Scorpions > officials suggested there were also ulterior motives for charging him -- > it was not just a matter of justice. > > The conspiracies that led to this situation no longer exist. Those who > had ulterior motives are no longer in the NPA or the Scorpions. Yet the > state still has a prima facie case of corruption, money laundering and > fraud that President Zuma must answer. > > The interference that happened then did not remove the possibility that > he could have been involved in a corrupt relationship with those who > have already been convicted in court. > > If there is dissatisfaction with the involvement of some NPA > prosecutors, the president's legal representatives have the right to > raise this matter in court. > > If it is true to its values and principles, the ANC should call on > President Zuma not to appeal the judgment of the appeal court, but to > allow all due processes to continue uninterrupted. In fact, President > Zuma should welcome the possibility of going to court, because that is > the only way he will clear the dark cloud over his head. > > It cannot be right that, for so many years, the ANC and South Africa as > a whole have not been able to get to the bottom of these allegations. In > allowing the law's processes to happen uninterrupted, President Zuma > will retain his innocence until proven otherwise and will be treated > like all innocent people. > > Kgalema sets an example > Deputy President Kgalema Motlanthe recently approached the public > protector to investigate him over allegations of wrongdoing on his part. > President Zuma should follow this noble example. > > He should avoid the temptation to try to stop the courts listening to > his case by causing unnecessary delays. Further delays will bring doubt, > even in the ranks of the ANC, that there is perhaps a possibility that > he did indeed commit the crimes of which he is accused. > > This approach will reaffirm the integrity of the ANC as a movement > committed to the fight against corruption and all criminal acts, which > the Polokwane conference said was a priority. > > The criminal justice system will also lose integrity, and will be > regarded as being open to manipulation in the future, if this case is > not responded to in a proper and fair trial. The approach of allowing > due process will further enhance and harness the state's fight against > corruption. > > The ANC and all its formations and allies should always stand firm on > principles. We will never agree to be drawn into defending possibly > corrupt individuals, because corruption is like a cancer eating away at > the moral fibre of society. > > Whether we will be purged or persecuted for expressing this view does > not matter. The truth must be told at all times, without fear or favour. > Only factionalists and proponents of tribalism and corruption can stand > opposed to the accountability of the leadership, and unfortunately I am > not one. > > Floyd Shivambu is the spokesperson of the ANC Youth League. He writes in > his personal capacity > > > > > http://www.investec.com/legal/email-disclaimer.html > > The disclaimer also provides our corporate information and names of our > directors as required by law. > > The disclaimer is deemed to form part of this message in terms of Section 11 > of the Electronic Communications and Transactions Act 25 of 2002. > If you cannot access the disclaimer, please obtain a copy thereof from us by > sending an email to: [email protected] > > -- > You are subscribed. This footer can help you. > Please POST your comments to [email protected] or reply to > this message. > You can visit the group WEB SITE at > http://groups.google.com/group/yclsa-eom-forum for different delivery > options, pages, files and membership. > To UNSUBSCRIBE, please email [email protected] . > You don't have to put anything in the "Subject:" field. You don't have to > put anything in the message part. All you have to do is to send an e-mail to > this address (repeat): [email protected] . > > -- > You are subscribed. This footer can help you. > Please POST your comments to [email protected] or reply to > this message. > You can visit the group WEB SITE at > http://groups.google.com/group/yclsa-eom-forum for different delivery > options, pages, files and membership. > To UNSUBSCRIBE, please email [email protected] . > You don't have to put anything in the "Subject:" field. You don't have to > put anything in the message part. All you have to do is to send an e-mail to > this address (repeat): [email protected] . > -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
