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'Time for Zuma to have his day in court'

BLOEMFONTEIN, SOUTH AFRICA Jan 12 2009 17:52
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Opposition parties have called for African National Congress (ANC) leader Jacob Zuma to have his day in court as soon as possible following Monday's Supreme Court of Appeal (SCA) ruling that hit out at an earlier judgement in his favour.

Zuma, who nevertheless remains the ANC presidential candidate, may again face charges of racketeering, money laundering, corruption and fraud related to the government's multibillion-rand arms deal.

The SCA said in its judgement that Pietermaritzburg High Court Judge Chris Nicholson made several errors in a September 12 2008 ruling.

Neither Zuma nor his lawyers were present in court.

"The NPA [National Prosecuting Authority] must immediately dismiss speculation that it is willing to drop the charges against Zuma and broker a special deal for him," said Democratic Alliance leader Helen Zille.

Independent Democrats leader Patricia de Lille agreed: "The NPA must now proceed with instituting corruption charges against Jacob Zuma so that he may have his day in court as soon as possible."

The United Democratic Movement urged Zuma to stop "endless legal delaying tactics".

The South African Communist Party said it was convinced that the "persecution" of Zuma was a "politically inspired affair".

"Cosatu remains convinced that the whole prosecution process has been politically motivated and will continue to demand the dropping of all charges," added the Congress of South African Trade Unions.

CONTINUES BELOW


Major political consequences
The Congress of the People (Cope) welcomed the SCA's ruling, saying: "It is our view that the Judge Nicholson judgement had major political consequences for the country. What was tragic was the opportunistic way the ruling African National Congress leadership abused it to settle its internal political battles."

It added that the corruption and fraud case against Zuma should proceed to trial without delay so that the ANC president could have his say in court.

"We accept it [the ruling] as a true reflection of an independent judiciary," Cope's national youth convenor Anele Mda said. "This is a victory for the people of South Africa."

Echoing these sentiments, the Inkatha Freedom Party said the Zuma judgement was "one of great historic and legal importance".

"Some important accusations, impressions and confusion have been cleared up -- especially concerning the integrity of persons such as former president Thabo Mbeki, Dr Penual Maduna and Mr Bulelani Ngcuka," said Koos van der Merwe, IFP chief whip and spokesperson on justice.

"The IFP believes that the law must take its course to afford Mr Zuma his day in court."

'Continuation of the political agenda'
Meanwhile, after the ruling, ANC national executive committee member Mathole Motshekga told several hundred Zuma supporters outside the court that the ANC leader was "not facing any legal trial".

"It is a political case. It remains a political case. It is a continuation of the political agenda we and our alliance complained about," he said to loud cheers.

He dismissed the SCA decision which, "with the greatest respect, was wrong", as mere rivalry between legal minds.

"We are dealing with the interpretation of the law by two different judges who obviously hold two different approaches of interpretations," he said. -- Sapa
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Todays ruling will,hopefuly give Zuma his day in court on corruption & fraud charges. If it's anything like his court case for alledged rape, we, as South Africans should be worried.
Also if the N.P.A. do a deal with the Zuma camp what's going to remain of the judiciary system in our country?
Zuma's case is a legal matter & not political one as stated by Mathole Molshekga of the ANC.Zuma pleads not guilty, let justice take it's course and legaly decide once & for all.
David Howarth on January 12, 2009, 6:38 pm
South Africa is so infected with crime, corruption and greed (from all quarters and at every level of our society) that we need a leadership which will set a new example to the nation as a whole and to the world community. We do not need a president over whose head hangs the suspicion of graft and corruption and we need him to face his accusers and prove himself innocent. When he does that the nation and the world can endorse his leadership, until then these mouthing by political activists do nothing to restore our confidence in them or in our society. Let Zuma stand trail, maybe we are denying our country the opportunity to have the same confidence in our leaders that these sycophants and acolytes have.
Andrew Lawrence on January 13, 2009, 7:46 am
Eventually Zuma might have to face the charges of fraud, corruption, racketeering etc. He might have to account for the mountain of evidence which the NPA have amassed, and explain it to the courts in an ANC-led country and under an ANC-created and sanctioned constitution. He might have to steer his way around the same evidence that jailed Shaik, and more. He wouldn't be able to threaten to bring down Mbeki if he falls, as he has already played that card...

But now for the Zuma Law! The one which says that once he's President he can do whatever he likes, and is immune from the law, retroactively too (or it would be no good.)

As we know what the such a law would be for, in quite specific detail (to get Zuma off the hook,) we can make some predictions about its content:

* The office of the president will be immune from prosecution;
* The immunity will apply retroactively, and will be an effective pardon in perpetuity;
* The office of the President will be immune from investigation;
* The law will effectively pardon any president even after he/she leaves office, regardless of the wrongdoing;

And while they're at it, we can expect this immunity to trickle down to his mates - ministers and deputy ministers may well find themselves beyond the law too!

This would merely be legitimising the de facto situation. Privilege (think blue-light cavalcades, millions in self-enrichment, mind-boggling arrogance) requires a private law (the privi-lege of the word's root.) The ones with the private law get special treatment, the rest don't.

This, in another of history's ironies, is what the ANC was set up to fight.
Com Entary on January 13, 2009, 8:46 am
Finally we as South Africans can go and sleep in peace,let the law take its course and halala to SCA and thanks for the red card to Mr Nicholsin
Mahlatsi Malatji on January 13, 2009, 10:21 am
The judgment of the SCA, was a vote of confidence for the legal fraternity we needed it. The judges in Bloemfontein were sober. It is however puzzling that, a seasoned judge like Nicholson would make such an error, which even a trainee magistrate is incapable of commiting. I think his conduct should be investigated, he may have been used to achieve a particular end. The whole of Nicholson's judgment was lambasted by the 5 judges who were adjudicating in the Appeal, none with a discernding view. Which begs the question, why would a judge make a such career limiting error like this one. What is in it for him? Any practioner appearing before Nicholson will be weary of the old-man's sanity. Its a concern for practioners.

The chances of the ANC president in court facing the music, are slim as Malema joing COPE as its youth leader. The nation doesnt want him in jail,
Pogiso Mfoloe on January 13, 2009, 12:06 pm
For the sake of God, Country, Fellow Citizens, Friends and Family - for the sake of the World - JZ, we are begging you to have your day in court and put everyone out of their misery. No more appeals and counter appeals the cost of which is crippling! Just go to court and prove your oft stated innocence - if you are indeed innocent you have absolutely nothing to fear, nothing to lose and everything to gain. Whilst it is everyone's right to exhaust every single legal channel using every single tool at the disposal of the legal system, no ordinary citizen would have the opportunities on offer to JZ - they simply would never be able to afford such an extensive and horrifically expensive legal journey. It is enough JZ! Get down to the business of clearing your name so we can look forward to installing a State President who does not have serious corruption charges creating a dark cloud around him. South Africa deserves nothing less and you will not be worthy of presiding over this glorious country and her wonderful people unless you do indeed go and have your day in Court! Rose Morrow Durban
roselyn morrow on January 13, 2009, 1:48 pm
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