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A shameful day

Apr 03 2009 06:00

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So, at last the deal is done. For many -- and not just supporters of Jacob Zuma -- it will be a relief that the National Prosecuting Authority has decided to drop the charges against the man who will soon be president. A great exhalation for a country that has been holding its breath too long. We are sighing too, but for very different reasons.

This is a shameful day.

A deal stitched up in secrecy, amid a welter of as-yet-untested allegations, is the antithesis of our most basic principles. We agreed 15 years ago what kind of country we wanted to live in. There may have been room for interpretation of the details but on one thing we can be quite clear: this is not it.

Indeed, we know only the outlines of the representations made by Zuma's legal team to acting NPA boss Mokotedi Mpshe thanks to leaks and spin. It seems the NPA has been given credible evidence that Leonard McCarthy, the former Scorpions boss who was in charge of the investigation, was driven by his loyalty to former president Thabo Mbeki. It seems clear too that he lied to colleagues and abused his office.

If those allegations are borne out they will show just how deeply the institutions of the state have been compromised by the internecine warfare of the ANC.

Our response must not be -- cannot be -- to wish away this overwhelming and perhaps destabilising reality. Many will suggest that we should; that South Africa cannot withstand an accounting of what has been done by our leaders in the arms deal, in the battle to succeed Mbeki and in the prosecution of Zuma.

They are wrong.

Nothing could be more destabilising than a solution that leaves us without answers, living with both Mbeki's tainted legacy and Zuma's compromised rule. Nothing could be more destabilising than the thorough collapse of the rule of law that this decision represents.

That does not mean Zuma should be found guilty. It means that the evidence against him and against the NPA must be tested in court, the most painful details put in front of the entire country, not just Willie Hofmeyr and Mpshe. We simply cannot afford anything less.

CONTINUES BELOW

There must be consequences, too, for the security agencies that have turned their energies so readily to fighting party battles. An investigation into alleged abuses by the NPA, and McCarthy in particular, must be undertaken, and conducted thoroughly. It must be matched by an equally thorough investigation into how evidence collected by the National Intelligence Agency and crime intelligence found its way into Zuma's hands.

Charges, if warranted, should follow. And if Mbeki is implicated either in arms deal corruption or manipulation of the Zuma prosecution he must be investigated too.

We can handle it. After all, we defeated apartheid.

In the short term civil society, political parties and concerned individuals must act to prevent this travesty. The decision to drop charges must be scrutinised rigorously and openly, using all the legislative and constitutional instruments at our disposal. That can only happen by way of a judicial review -- ladies and gentlemen, draft your papers.

Prophylaxis is needed
Did you fall ill, or have a serious accident last week? Were you admitted to one of Gauteng's public hospitals? If so, you may consider yourself lucky to be alive.

South Africa's richest province can't pay its suppliers and as a result food, drugs and critical equipment are unavailable across its health system.

People who depend for their medical care on Premier Paul Mashatile's administration may be thinking of moving to another province but the implications for the rest of the country are just as disturbing.

As we've reported in the past fortnight Gauteng's bank account is empty and hundreds of contractors who were giving effect to government's promise of a better life for all were forced to stop work.

Some had to close shop and retrench staff when they went unpaid.

After initially denying a crisis Mashatile and his cabinet eventually confirmed the dire situation and promised to remedy it. But they were quick to add: we are the biggest province. We are the richest province. People want to stay here. We can't keep them out!

We can't keep up, they might have added, but that is an evasion.

It is impossible to separate the causes of the crisis in Gauteng from what this and other newspapers have been reporting on for years: that the people who run the province have their priorities seriously mixed up.

Mashatile has been involved in a number of controversies concerning his links to big business and love for all things flashy (remember the R96 000 restaurant tab?). Former premier Mbhazima Shilowa has been making wine and the health department is spending millions on unnecessary consultants. It sometimes looks as if the province is run as a piggy bank for crony capitalists rather than a delivery machine for citizens.

Gauteng is surely not the only province experiencing serious challenges with service delivery and management of the public purse, but if the country's centre of gravity, with its dense concentration of media, political opposition and civil society can slip into such a parlous state we shudder to think what is happening in poorer, more distant places.

A new ANC government will no doubt be formed soon -- it had better ensure it provides some prophylaxis before the whole country ends up in critical care.

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Comments

In a perfect and utopian world, the decision to drop the charges against Zuma might indeed be perceived as "shameful" and undermining of the rule of law in South Africa. But in a real and pragmatic world where the politics constantly has to make decisions that contribute to maintaining peace and stability both at the social and economic levels, I'd "shamelessly" say that this was the best outcome to this way too long process. As much I agree with Archbishop Tutu that Zuma does not embody the president that South Africa deserves because of his undermined credibility nationally and internationally, the NPA's decision to drop the charges against him will indeed prevent the country from falling into severe social and political upheaval; With the ANC Youth League headed by radicalist hardliners of the like of Julius Malema, an outcome that would deny Zuma the opportunity to run for president would have undeniably resulted into a socio-political catastrophe. Politics is hardly ever about making the most morally correct decision, but rather about pragmatically choosing the option that best serves the interests (economic, political & social) of the country. It was a tough decision, but it was indeed the right one!

Romeo Nkoulou Ella on April 3, 2009, 7:44 am

A compliant media has allowed govt. spin to muddle simple truths for years.

It is refreshing to read 'A shameful day', but when the day is over, it is up to the M&G to continue digging like the Washington Post did even as Nixon was re-elected.

The story will be there. Get the story out.

Paul Whelan on April 3, 2009, 9:13 am

Doing this you have just legalised crime. The ANC might as well disband our police force as well as they will be unnecessary if there is no more crime.

Colin Murray on April 3, 2009, 1:38 pm

I would also be sad day. Some of us have worked hard to get to '94 and suffered consequences. We are still working hard to fight off "toxic waste discussions" in some circles and educating kids and foreigners about the positives re our country. Why do we have to suffer the consequences of the law if our so-called leaders can manipulate their way out of anything the want to. Leaders are supposed to be respected role-models. That is not something we can ascribe to JZ or any of the politicians at this moment in time! Should JZ come off and leave us without answers, what is the next thing him and the NEC and the party as such will do for themselves against the will of the electorate? Yes, this is negative, but the situation is crazy!

HB from here on April 3, 2009, 4:05 pm

Three thousand years ago a wise man wrote "By justice a king gives a country stability, but one who is greedy for bribes tears it down." These words have been proved true over and over and over during the past three millenia. How can we know if we are voting for "justice" or "greed" if the Jacob Zuma case does not go to court? "Greed" is at the heart of the financial woes the world in currently facing. A failure to expose and deal with it will have disasterous consequences. If there are any honest ANC leaders, now is the time for them to speak up and be counted.

Michael Swart on April 3, 2009, 4:10 pm

Jacob forgiven? Mashatile cleaned out the public coffers?
All on one day?
Remember how we felt when Madiba waved and smiled and gave us our own country?
Let us, the starry eyed proud new South Africans of 1994, speak this Election Day - with our hearts, our honour and with our eyes firmly set on the future we want for our children.

Bruce Parker on April 3rd, 2009 at 18:29

on April 3, 2009, 6:22 pm

I suspect this article was written by Hellen Zille or Patricia De Lille...If not, shame on you for being an opposition party spokesperson.

on April 3, 2009, 7:03 pm

Ostensibly socio-political catastrophe could result if charges against JZ is not dropped. What a sorry excuse to rape justice. There are many fine alternatives inside the ANC for President.

Jan Lombard on April 4, 2009, 1:47 am

Did I miss something on Friday? I thought the decision on the Zuma mess had been postponed until Monday? Looks someone jumped the gun, here, guys. Ever heard of a fellow named Dewey? Or Truman?

@"It seems the NPA has been given credible evidence that Leonard McCarthy, the former Scorpions boss who was in charge of the investigation, was driven by his loyalty to former president Thabo Mbeki. It seems clear too that he lied to colleagues and abused his office. "

WHAT CREDIBLE EVIDENCE? Unless and untl these tapes can be authenticated by AT LEAST THREE INDEPENDENT AUDO-FORENSICS LABS, THESE TAPES 'PROVE' NOTHING.

Imagine the shoe being on the other foot for a moment. Suppose someone suddenly produced tapes of ZUMA ALLEGEDLY TALKING TO THINT ABOUT WANTING TO BE PAID TO 'PROTECT' THEM FROM INVESTIGATION. WOULD ZUMA'S DEFENSE TEAM ACCEPT SUCH 'EVIDENCE' WITHOUT INDEPENDENT AUTHENTICATION? NO WAY. THEY'D BE SCREAMING 'DIRTY TRICKS' ALL THE WAY TO THE JSC.

The NPA's integrity has been so far compromised by both Mbeki cronies and Zuma toadies that the tapes can have no credibility . The world's most sophisticated audio analysis equipment is used by experts from NASA, Euro-space and the Indian Space Agency. If such outside agencies were to analyse the tapes and PROVE THEM AUTHENTIC, the NPA would have something to call evidence. Without INDEPENDENT AUTHENTICATION, THE TAPES ARE USELESS AS EVIDENCE.

on April 4, 2009, 1:06 pm

I could not agree with this article more than I do: we do need accountability in government, we must keep politics outside of crime prevention and security issues and we certainly cannot allow political interference in the deals the NPA makes. What we now see is the reduction of crimefighting to political pliability which now means that no one will ever get a fair deal in a South African Court of law or be assured of due process when encountering the police services.
Conspiracy against Zuma or no, this whole debacle has demonstrated how perverse our leaders have become - even the judiciary is a tool of their collective megalomania, paranoia and avarice. One thing is sure - we need a new government because this one does not even view itself as equal citizens. They pass laws for everyone else but none of them observe these laws themselves. I shudder to think that one quarter of our children think that it is OK to steal from others and that a demand for forced sex is fine if you pay for the woman's meal.
Our political leaders set a fine example to us all, especially when they are the vehicles and beacons of our aspirations.

Justin Time on April 8, 2009, 10:39 am

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A shameful day

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