Publication: Cape Times Issued: Date: 2007-10-02 Reporter: Boyd Webb Reporter: Deon de Lange Reporter: Karyn Maughan

Zuma Goes Under The Microscope Again

 

Publication 

Cape Times
Date

2007-10-02
Reporter Boyd Webb
Deon de Lange
Karyn Maughan

Web Link

 www.capetimes.co.za

 

The case against ANC deputy president Jacob Zuma will be one of the high-profile cases to be reviewed by new acting national director of public prosecutions Mokotedi Mpshe.

President Thabo Mbeki asked him to review all pending cases being investigated by the National Prosecuting Authority, mostly involving political figures.

The National Prosecuting Authority Act of 2000 does allow for the National Director of Public Prosecutions (NDPP) to "intervene in the prosecution process when policy directives are not being complied with, and review a decision to prosecute or not prosecute".

A government spokesperson, Themba Maseko, confirmed on Monday that all cases "on the table of the acting NDPP" would be revisited to determine whether "sufficient evidence" existed for them to go ahead.

This is a parallel process to the inquiry to be headed by former parliamentary speaker Frene Ginwala to probe the fitness of suspended national director of public prosecutions, Vusi Pikoli, to hold office.

However, Pikoli's alleged conduct prompted Mbeki to ask Mpshe to look at the Scorpions' investigations into alleged criminal activities against police commissioner Jackie Selebi.

The president, according to intelligence sources, felt the Scorpions were motivated by turf wars or "other things" to pursue Selebi at all costs, with senior government officials privately saying there was no case against the national commissioner.

Mbeki told senior government officials he was not protecting Selebi and was prepared to take actions against him if needed.

However, the president's concern was that it appeared as if there was not sufficient evidence.

This was the main reason why Mbeki had suspended Pikoli after he warned the national director to inform him and Justice Minister Brigitte Mabandla of key investigations, including that into Selebi.

Maseko repeated the challenge previously issued by Mbeki for people with evidence against the police chief to come forward.

"If there is (a case) against Selebi in front of him (Mpshe) - if there is a warrant (of arrest) in front of him - he will look at those cases with a view to deciding whether to proceed or not," Maseko said.

Mpshe would examine whether professional determination was used to investigate all these pending cases.

"There are cases in front of (Mpshe) that he may feel the need to proceed with immediate effect. That's his decision to take. But if he feels there are cases he still wants to review in terms of whether there is sufficient evidence, that also is his decision to take."

Other cases include that of former transport minister Mac Maharaj and former Limpopo premier Ngoako Ramatlhodi, who are being investigated for corruption.

The two men could not be reached for comment on Monday night.

Both have persistently pointed out that they were investigated for political reasons, citing the delay and leaks as an indication of malicious investigations.

Maseko was at pains to point out that Mpshe did not need Mabandla's "permission" to do his job, but she needed to be kept informed. "She does not have to give permission. The minister needs to be informed that in his (Mpshe) capacity as head of (the NPA), these are the cases (he) is investigating and these are the reasons.

"The minister needs to be satisfied that the director has sufficient evidence in front of him to proceed with those particular cases."

Maseko denied that the latest move was an attempt by Mbeki or the government to interfere in any investigations, including the Selebi matter.

"Trust the inquiry even if you don't trust the president," he said.

He also explained that the review of cases was aimed at preventing cases from "falling off the table" as a result of changes to the leadership in the NPA.

The Democratic Alliance has petitioned National Assembly Speaker Baleka Mbete to recall parliament, currently in recess, to discuss Mbeki's decision to suspend Pikoli and its constitutional implications.

DA parliamentary leader Sandra Botha said it was important for Mbeki to account to the National Assembly for his actions.

"Any implication that the NDPP was suspended for political reasons or that the president or minister of justice interfered with the prosecuting authority's decisions on whether to prosecute or not has the potential to create a constitutional crisis," she said.

Parliamentary spokesperson Luzuko Jacobs confirmed that Mbete had received the DA's letter and that a response was being considered.

• This article was originally published on page 1 of The Star on October 02, 2007
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With acknowledgements to Boyd Webb, Deon de Lange, Karyn Maughan and Cape Times.