Mr Mpshe needs to be reminded of a little fact about South Africans this week — we are not a people born of cowards, nor men who place personal ambitions above what needs to be done for the people. We are born of men who stood up when it was more comfortable and beneficial to sit down. We are a people born of the same stuff that made Mandela sacrifice his freedom for 27 years; we are born of women who gave birth to Steve Biko who died bravely writing what he liked and what we have come to love. Biko showed the might of the nib of a pen facing off against the barrel of a gun. The pen is indeed mightier than the sword. We are born of the nameless heroes who died fighting so that we could be free one day. This is what we are made of. Men and women who sacrificed despite the immense power and pressures that could have persuaded lesser men and women to do otherwise.
According to news reports we have been told that the NPA (National Prosecuting Authority) will seek to have the corruption charges against the man who could be president, Jacob Zuma, dropped. One must understand the position and the pressures that face the director of the NPA, Mr Mpshe. There is the easy way out, drop the charges. By dropping them all that will happen will be wide ranging condemnation from opposition parties, the press and civil society. That’s all. If he decides to go ahead he will be pressured by the ANC in every way imaginable. They might even find dirt on him. Now is not the time for cowardice.
History often calls on those in positions of responsibility to choose to do what’s difficult or unpopular. Allowing Zuma to walk will be a popular decision with the electorate. But is it the right thing to do? The men and women of the NPA have history knocking on their doors. What are they willing to do? Mr Mpshe, in the words of former US vice president Al Gore: “Sometimes you have to be willing … to pick the hard right over the easy wrong.” We are told that it is not in the national interest to have Zuma going to court. It is precisely because it is not in the interests of the nation that he should go to court, so that we can judge for ourselves.
What is the hard right? The hard right is to investigate both Zuma and Thabo Mbeki if there is reason to investigate the former president. To drop these charges without having these so-called tapes heard in court cannot serve our democracy well. We are being told that the former president has done something wrong, yet he has not been afforded the opportunity to defend himself. By dropping them, by implication, that tells us that there is evidence of wrongdoing on Mbeki’s part. Are they going to be charge him yet Zuma hasn’t had his day in court? If there is evidence of interference on Mbeki’s part that does not mean that there was no wrongdoing on Zama’s part either. Investigate both I say.
I suggest that Mr Mpshe read A Man for All Seasons, a play by Robert Bolt. In it, Sir Thomas More is led to the gallows for refusing to bend to King Henry VIII’s wish to divorce his wife because she could not bear him a son. This is a man who believed in himself and his conscience despite the “national interest” concerns of the king not having a son. In our case, the king is Zuma.
More is a strong advocate for the rule of law in the play, even if it leads to his own execution. When his future son-in-law implores him to arrest a man whose perjury will eventually lead to More’s path to the gallows. More tells him that the man has broken no laws, he even tells him that the devil himself deserves his chance before the courts, “And go he should if he were the Devil himself until he broke the law!” More’s son-in-law is shocked at the idea of affording the Devil the benefit of law, but More is unwavering.
Then he goes on to lecture his future son-in-law, “What would you do? Cut a great road through the law to get after the Devil? … And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country is planted thick with laws from coast to coast, Man’s laws, not God’s, and if you cut them down — and you’re just the man to do it — do you really think you could stand upright in the winds that would blow then? Yes, I give the Devil benefit of law, for my own safety’s sake!”
So, do we really think we can stand upright in the winds that would blow the laws? The laws are there for our protection, that is why it should be and must be applied to all equally without fear or favour. To claim that we are not going to apply the laws because it is not in the “national interest” to do so is to show fear and favour. As the Devil should have his day in court to prove his innocence before his accusers, so must Zuma. Not forgetting that the law says innocent until proven guilty. The Devil in this case would be innocent except before the eyes of the accusers who have evidence against him. Zuma too is innocent until proven guilty. But he must be afforded the opportunity to prove his innocence before his accusers.
Lest we forget, Zuma asked for his day in court, yet he has left no legal avenue unturned in order to avoid this day he has been screaming about. Let’s give it to him. He has threatened to spill the beans if he goes to court. Well, if he has beans to spill, let him spill them. And let those who are trained in the art of catching beans catch them. We want everyone responsible to be brought to book. The law should be applied without fear or favour. Mr Zuma, spill the beans! It is in the interests of the nation for you to do so. By saying nothing, you are still participating in the corruption of our government. It means you are aware of wrongdoing but have been willing to sit silently. You sir should not blackmail us.
How can the NPA accept as evidence illegally obtained information? The wiretapping of a sitting president without the authorisation of a judge? Where did these tapes come from? Who authorised the illegal wiretapping of a sitting president? Is that not treason? Why is there no outcry? If a president can be subjected to such blatant abuse of power, what chance do ordinary people like me have? We should have much fear for ourselves.
So far all we have are rumors, hearsay and we have no proof to judge whether the tapes are authentic or not. It is difficult to take these tapes seriously after the so-called “hoax emails” that made the rounds a while back that were wildly circulated among the Friends of Jacob Zuma. Then there was “proof” that Bulelani Ngcuka was an apartheid spy. There were no credible witnesses, no credible evidence and no credible facts to support a claim that was clearly designed to intimidate and pressure the former director of public prosecutions. If there has been a conspiracy, it is the one that has been led against Ngcuka. Mac Maharaj and his friends failed to come up with any evidence proving that he was in fact a spy. Then the ANC misled the nation calling a press conference, assuring us, and fooling us into thinking that they were going to address an issue of national importance. National importance turned to be of national importance for the ANC to announce the defection of a little-known Cope figure.
Granted, at times, especially in cases like the Zuma case — it is often difficult to tell the difference between prosecution and persecution. When one is prosecuted it is an easy and often necessary form of defence to shout persecution, painting oneself as a victim. Zuma is too powerful to persecute.
If there is a conspiracy against Zuma it should be proven in a court of law. The defence always states that conspiracies by nature are difficult to prove. Well, don’t make claims you can’t prove or defend. We don’t have any evidence, all we have are innuendos. If Mbeki is implicated, he must have his day in court, like Zuma. What are these national interests they speak of? Are Zuma’s and Schabir Shaik’s interests now considered that highly? The arrogance of the ANC has taken an unprecedented step where party and personal interests are dressed up as national interests. They can no longer distinguish what is of national interest, this is a clear indication that the ANC believes that it is South Africa. This country is not and does not belong to a political party. It is no wonder Mbeki was removed in the way he was.
Our nation cannot afford to have a prosecuting authority that is perceived to cave under political pressures or from the pressures of the privileged. South Africa is becoming accustomed to the insulation of its elite from the law yet leaves its ordinary down trodden citizenry, the very people it claims to represent, to under representation by the law.
We cannot profess to be a truly democratic society when those who are sworn to protect it seem to be doing everything in their power to subvert it for their own means.
By caving, Mr Mpshe, you are telling us, the children and future leaders, our brothers and sisters that it is acceptable to be a coward. I do not know what it is like to be in your position, nor do I wish to be. But you accepted it and you knew what you were getting yourself into, your country needs you, don’t choose the easy path.
To act as if there is nothing you or anyone else can do, as if this has been preordained, written in the stars, is not just giving up on yourself, you are giving up on your country, sir.
It is not written. It is not preordained that Zuma must walk away from these charges. To quote Cassius, in Shakespeare’s Julius Caesar: “The fault, dear Brutus, is not in our stars, but in ourselves … ” What happens to Zuma now is not in the stars. It is up to the facts before you Mr Mpshe. It is your lips that will speak, your mind that will be applied — and it is your hand that will sign the document that decides this country’s fate. Just because you know that you are fighting a losing battle against the ANC does not mean you should cease to throw punches. Throwing in the towel is not an option. We are not a nation of quitters Mr Mpshe.
The very notion that some individuals have more freedoms and liberties than others is not, should not and must not be accepted. Yet millions of us are willing to sit on our hands and applaud an insult to democracy, civil liberty and the basic tenant that “all are equal before the law”.
We have become victims of our liberation, hostages to our own freedom and slaves to those who think that we owe them for our liberation. I owe my liberty to man and no political party. It belongs to me. None of us owe it to anyone. This slavery to the ANC must come to an end.
We cannot profess to be a truly democratic country when the already, powerful, the already privileged have added privileges before the law. Nor can we boast to have the best Constitution in the world when it is not honored. Mr Mpshe, show us you have balls.
khayav.com
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Amen and thank you Khaya.
Mr Mpshe, give us a reason to hold our heads high again for lately there have been very few.
khaya
perhaps i should also remind you (as i’ve done to traps in his blog), the justice system is not only about a judgment. in fact according to wikipedia, the criminal justice is said to be a system that consists of three main parts:
(1) law enforcement (police);
(2) adjudication (courts); and
(3) corrections (jails, prisons, probation and parole).
now tell me, why is your prismoid solely focusing on issues passing at (2)and pays little or nothing at all about what has happened before number (1) or else on number (1)?
i suggest you start bashing point number (1), (2), may be our law enforcers got it wrong, they werent suppose to do anything, more especially when they cannot win or when they know that they’re prone to manipulation.
after all, ngcuka (your party co-founder) once said that this is an unwinnable case…i propose you start budgeting for a big party because he got it right. give the man the credit when it’s due.
Siphiwo
A case is only unwinnable until there is enough evidence – all cases are unwinnable in the beginning.
Bravo, Khaya, on the nail. If Zuma feels he is being made the scapegoat, he should spill the beans. Why should anyone be protected? If the the Prosecution has failed in its duty to name all involved, point it out. The more this is covered up the more I think this is so much bigger than Zuma.
You saying that the NPA should proceed with its politically motivated charges against Zuma even if the case is unwinnable;or not in the interest of justice/country? What should the NPA do about Mbeki, Ngcuka and Lekota, all of whom are implicated in this sorry saga?
Its strange how the enemies of the ANC raise the possible illegality of obtaining the compromising tapes as reason to discount them, and yet do not want to employ the same standard when dealing with how the NPA instituted and persued its case against Zuma. Stop being hypocrites!
Dude,
The NPA does not exist to “show balls”. That’s the domain of politicos, tow-truck drivers and Antipodean flyhalves who run into Schalk Burger’s channel.
The NPA is a prosecuting authority. This means they exist to execute their mandate concerning the law in a matter consistent with our country’s Constitution.
If they feel the case against JZ is unwinnable, they have a right to withdraw charges. Indeed one could argue they would be best advised to do so in that instance, lest the perception of the legal authorities is embarrased by frivolous dick swinging type PR stunt prosecutions.
@Lyndall– How many years has it been since Ngcuka’s “prima facie” comments? And how many since the alleged misdeeds? And since the NPA started to move for a prosecution?
What new evidence could possibly come about now? Do you know something we don’t? Do share Ms.
Bravo Khaya
Siyabonga
The NPA explained they had new evidence when they charged Zuma. All Zuma has done is stall and stall and stall with appeals – all of which he lost, so that he can then claim “justice delayed”.
@siphiwo and siyabonga,
i think the point khaya was making is that everyone involved in the alleged corruption should be tried by the justice system. This does not just mean Jacob Zuma but includes anyone implicated in the alleged crime. As an African, I find it quite depressing to watch people make so many excusses to cover up an alleged corrupt act. We must hold our leadership to the highest standards and hold them accountable at all times. Failure to do this only makes us all culpable in the continued mismanagement of our continent. I don’t see how we can ever develop if we give a free pass to our leadership on matters like this. I think the truth needs to come out and if there is wrongdoing on anyone’s part, not just zuma, they just be punished.
Khaya
How much is much money is involved here. R 500 000 may be, how much has this case cost taxpayers money? On this basis drop the case anyway. Let us move on
I fully agree with your assertions Khaya.
This country and its people must not be held hostage by the ANC. The gains of freedom and our liberties are not for and by the ANC.
If there is any wrongdoing by anyone involved in the arms deal, the law must deal with them accordingly. We might even find that the whole organisation is compromised, not just the suspected individuals.
For this country to move forwad and for our democracy to be strengthened, we need the NPA to act decisively on lowbreakers. I would welcome the spill of the beans by JZ, at least his theory of a conspiracy against him could gain credibility if it is shown that his rivals have acted against the law too.
JZ is not only facing charges related to the arms deal, there is a whole suite of charges being leveled against him. I do not beleive his presentations have paved a way to convince the NPA to drop the whole charge sheet.
Whatever information is contained in the represantations made, if it implicates other individuals directly or otherwise, it is the NPA’s duty to send for further investigation and bring them to book should enough evidence be collected.
The question that I have been struggling with for some time now is whether the ANC itself is a beneficiary of the corruption that is said to be surrounding the arms deal.
What would be the legal implications if evidence is brought forward implicating the movement?
And is it possible that the reason the ANC with government, refuse to have the arms deal probed could be because it would spell disaster for the party?
If anyone has given this some thought and could clarify the legalities and implications for us is welcome to contribute.
Typo
Lawbreakers
Khaya
Thanks for a punchy and thought provoking piece.
THe ANC has clearly lost its balls – its no show at the Wits election debate last night shows it up as an arrogant eunuch!
More please
Yet another shallow analysis of a political topic from people who think what they read in the media is everything there is. People must remember that Zuma actually had his day in Pietermaritzburg court in 2006 but the case was dismissed due to NPA unprepared almost three after they started their “investigation”. They had to go back and scavange for evidence and to add more charges. The fact is that the case was not winnable in 2003 and it is still not. Let us not be fooled by opposition parties all they are interested in is to win the elections not justice.
@ Nhlanhla We cannot move on simply because too much money has been spent on the case. If it is to be dropped it should be for the right reasons.
@ Felas, I note that you work for the government, I suppose you will get a promotion for your vociferous defense of everything regarding Zuma. Worried that your mails might be monitored?
The facts and the matters changed between 2003 and now, that is why the NPA charged Zuma. To them the case was winnable. If Zuma says that he won’t go down alone because he will spill the beans, that doesn’t take deep political and astute analysis (which I’m sure you can provide) to figure out that he knows of wrong doing and that he might have participated in and others who were with him.
@ Siyabonga, you right, the NPA does not exist to show balls, but to show balls in continueing to investigate without fear or favour despite threats form the politically powerful in society.
@ Siphiwo, I clearly state that if there is any wrong doing by any other parties they too must face the might of the law, Mbeki included. Every single one of them. No fear, no favour.
@Felas… you have no idea whether the case is winnable or not. You don’t know what evidence is there or not. Let the court decide that.
@Nhlanhla Nkosi… the amount of money allegedly illegally obtained is not what matters. What matters is if we start ignoring alledged crime because of popularity or perceived persecution, then were does it stop. Where will the line be drawn and what crimes should be tried? And when the government fails in it’s duties… or there is more evidence of corruption, who is to blame? The leaders or the people who turned a blind eye without holding them accountable? Again I don’t know how we can ever develop if we don’t keep high standards for our leadership.
Alas, it appears the NPA has NO balls!