Good piece of solid facts chair,ufasimba! Boingotlo! Sent via my BlackBerry from Vodacom - let your email find you!
-----Original Message----- From: Mawethu Rune <[email protected]> Sender: [email protected] Date: Tue, 3 Apr 2012 21:12:02 To: <[email protected]>; <[email protected]> Reply-To: [email protected] Subject: [YCLSA Discussion] Response on article written by Cde Floyd *Rune Mawethu: A Response to Cde Floyd Shivambu document: have your day in court: President Zuma * Normally one would not have been bothered less by cde Floyd Shivambu’s remarks, largely because the organisational machinery for some time had been used to pursue ‘new tendency’ and its factional activities with impunity. In this regard the new tendency has effectively replaced organisation and shielded the tendency and treated the ANC leadership and its membership and even constitution of ANCYL with sheer disregard, all this done on the pretext that these are ANCYL positions. Thus it is not them per se whom must be engaged but ANCYL as an organisation. As members of the league of the ANC, we allowed this to continue for a long time while waiting to make our contributions within structures of the organisation. But in this instance Cde Floyd has defined himself outside the organisation and declares that he writes in his personal capacity and therefore distortions he makes cannot be left unattended. >From the onset cde Floyd, the motivation to pen an unplugged piece which appeared in Mail & Guardian is revealing. He writes “*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*” this opening statement goes a long way to demonstrate that his piece has nothing to do with administration of justice but everything with leadership question in the ANC 53rd Congress, which conveniently cde Floyd accuses as only a media manufacturing. Not anywhere in his piece by cde Floyd attempts to substantiate the causal link between 53rd ANC Congress and disbursing of justice to all. Cde Floyd in his typical self-pity attempts with little success to create an impression in the readers mind that him and co – convicts are before NDCA because they are purged for being too principled than any other member of the ANC, who are cowards and therefore fear to be honest, this is both ridiculous and an absurd assertion that must be rejected. Cde Floyd suggest that there is an elephant is the room which he says ‘’*is the reality that President Jacob Zuma is accused of corruption and has yet to have these allegations tested in court”.* In this instance cde Floyd is simply being ridiculous, in that as matters stand there is no indictment served to President Zuma, no charge sheet has been drawn by state organs entrusted to make prosecution decisions to charge President Zuma and definitely no court of law anywhere in the land which has come to determination that President Zuma has a case to answer. Cde Floyd even by his standards he would know that decisions to Prosecute is and must never be taken by President or a political party but an organ of state with such jurisdiction or locus standi and in this regard National Prosecuting Authority (NPA) has repeatedly on record affirmed that it is convinced that its decision to terminate charges against President Zuma was correct and remain valid in law. Therefore for cde Floyd to make his speculation a reality is simply ridiculous, what is real is that THERE ARE NO ACCUSATION IN LAW AGAINST PRESIDENT ZUMA. Cde Floyd takes intelligence of readers for granted as he wants all of us to make his distortion to be a fact in that there is prima facie case against President Zuma as if readers do not live in this country and conscious of developments of what was supposed to be a trial against President Zuma limping from one disaster to another as Jugde Qedusizi Msimang ended then shame on state case. Even when then Public Protector Mushwana made a finding that there outrageous prima facie announcement by then NDPP and Minister Maduna had violated Zuma's rights, a total bizarre negation of the constitutional imperatives imposed to NDPP. An assertion that was to be upheld later in even by courts of law, but cde Floyd remains contending that it’s a fact that prima facie exist, which fail to appreciate the nature of South African legal system. Cde Floyd deliberately creates an impression that there is authority in that President Zuma and Schabir Shaik had a generally corrupt relationship when he writes ‘’*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’’. *Cde Floyd attempt to pull wool over the eyes of a reader in that by prosecution submitting the statement and thereafter Mr Shaik being convicted it then means all assertion by state were equally upheld. In this regard one hopes cde Floyd knows that as a matter of principle in South Africa legal system no person regardless of office he or she occupies can be convicted let alone be trailed in absentia, hence Jugde Squires had to correct Floyd and other like-minded people who used this clause, which was never found to dismiss Cde Zuma from Cabinet. Judge Squires went at length to clarify that not anywhere in his judgement did give any verdict against President Zuma as he never stood trial and no evidence was ever lead against him. Cde Floyd, find resonate and comfort in DA argument that Prosecution decision by NDPP Mpshe was political and not based on prosecution code when he writes* ‘’**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”. * However, cde Floyd was fallacious as he provides no shred of evidence to back his vitriol claim, but in the process exposes himself just how opportunistic he can really be, in that as a bravest cadre left in the ANC as he claims he kept quit then when what he calls shelving of principle for political convenience was done and only raise it now, when he believes that he is disciplined by ANC as a plot orchestrated by President Zuma [as contained in his submission to the NDC and NCDA of ANC]. This vitriol by cde Floyd goes a long way in undermining the bona fide of the organs of state entrusted to execute certain responsibilities to sustain or democracy and to worsen the situation no evidence is presented to empower the reader by evidence. While I concur with Cde Floyd that all shall be equal before law but it is unsustainable to pretend that means, President Zuma must charge himself or instruct NDPP to charge him. There is no stage when President Zuma has ever refused to co – operate with NDPP or court of law. He has always and consistently presented himself to process of law. Therefore as it relates to President Zuma a question of wanting to be treated otherwise than equal not only lacks merit but just does not arise. For our democracy to deepen and be sustainable, due regard and respect must be given to organs so entrusted to carry their mandates as prescribed by law. In this regard if NDPP has pronounced that there is no case to be answered by President Zuma and therefore also that must be equal respected. NDPP decision cannot be taken on what are balance of forces of going to Mangaung in that when President Zuma cannot be removed through ballot box then charge him. Congress of ANC must never be a determining fact whether to charge or not. *Furthermore Cde Floyd either relies on media to inform his position or he is just lazy to read and then record his confusion as facts, somewhere he writes “Now, the appeal court has passed judgment against President Zuma, saying that a high court review of the 2009 decision can proceed”. This does not only further expose cde Floyd but additionally jumps the gun, firstly judgment was against NDPP and not President Zuma and secondly there is no high court review that is instructed to proceed, that is simply jumping the gun and behaving as “isangoma” who can allege to see the future, the appeal court actually ruled that the decision of NDPP is reviewable and further that DA can apply to access non confidential documents. In proceeding, if DA has merit, it can apply for review based on strength of its application; a court will hear the matter. As a matter of record, President Zuma remains innocent & no court of law in democratic South Africa or anywhere in the world has ever found President Zuma to have transgressed any law, the decision of NPA not to prosecute him remain in force, valid in law & correct.* * *Cde Floyd equally commits a fundamental error or just being disingenuous by using interchangeably government and state and seems to believe that now that President Zuma is President of the republic then he can direct on who must be charged or not, which in itself undermines even his liberal interpretation of separation of powers between government and judiciary. * *For cde Floyd to even suggest that if President is not charged, exist a threat of even changing constitution to protect himself does not only succumb to cheap politicking but smells DA all over it and further demonstrate desperation of cde Floyd. Than lurching at straws, no rationale argument can is advanced that we are degenerating into banana republic of tranny dictator state or even that there are any state institutions used to protect Jacob Zuma in this regard it not only strange but outright bizarre to suggest that now that Zuma is President then state institutions including prosecuting decisions and judiciary can be taken in President office, that then will defeat the very same principle of equality before law. It is strange for cde Floyd to assert that there is case to answer, when prosecuting authority had insisted that there is no case pending against President Zuma and for cde Floyd to suggest that President Zuma must not appeal (delay) and allow due process of court is most ridiculous. In that part of legal process and administration of justice, appeal is integral part of that process [Cde Floyd would know better]. Therefore in the final analysis this façade authored by cde Floyd dubbed as opinion has very little to see justice not only being done and seen to be done, but everything with ANC 53rd Congress in that he has allowed himself to be appointed by new tendency to be mercenary of leadership of ANC. With trust that they will succeed in isolating leadership of the ANC and project it as corrupt and incapable of leading ANC, which is also a threat to democracy and constitution and therefore must be removed in office in Mangaung. After all, cde Floyd and his co – convicts believes they have nothing to lose hence they must embarrass, humiliate leadership of ANC and project it as divided. Cde Floyd’s behaviour is typical of chicken’s thieves who shout out that the thief is running away as to distract attention and vigilance of the community when in fact it is him whom is a real thief. But unfortunate for cde Floyd we see right through his façade and divisive tendencies and as SASCO did and YCL followed and now ANC is running out of options but to process him and no amount of distraction is going to defocus that process. *Rune Mawethu* *National Deputy Chair of YCL, writes in my personal capacity* -- 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] .
