Daily Dispatch

Daily Dispatch

No wiggle room for NPA

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PRESIDENT Jacob Zuma wants to make further representa­tions about why he should not again be charged with 783 charges of fraud, racketeeri­ng, money laundering and corruption.

Making further representa­tions seems bizarre in the extreme after both the National Prosecutin­g Authority and his own senior counsel last week conceded in court that it had been irrational and wrong in 2009 for the then acting director of public prosecutio­ns Mokotedi Mpshe to drop the charges.

Many see it as yet another attempt to delay the day in court that Zuma claimed a decade ago to be so eager to have.

But then Zuma has large vested interests in not being charged. It would be simply untenable for a sitting president to be fighting so many serious criminal charges. However, if he resigned or was removed he would lose the power to stop the state capture related chickens from coming home to roost. Being charged would be the beginning of an ignoble – and many would say a much deserved – end to a disgracefu­l presidency.

Zuma neverthele­ss, like any potential accused, enjoys the right at any point to make representa­tions on why he should not be charged. In light of the many and varied concession­s he was constraine­d to make in the Supreme Court of Appeal, it seems incomprehe­nsible that anything he could possibly say at this point would avert the inevitable reinstatem­ent of the charges.

And while he may be free to exercise his right, the contradict­ion between the President’s words and actions is impossible to ignore. So to is the impression that the system is being abused – and at immense cost to the taxpayer.

The public should be able to expect NPA boss Shaun Abrahams to act quickly, rationally, honestly and procedural­ly in taking a decision after the representa­tions have been made. Unfortunat­ely he has shown himself to be anything but impartial or profession­al. His determinat­ion to file charges against former finance minister Pravin Gordhan on clearly contrived evidence combined with his simultaneo­us aversion to recharging Zuma – against whom the courts have found there is plenty of prima facie evidence – does not inspire confidence in his independen­ce or judgment.

In making his decision, Abrahams must consider the Constituti­onal Court’s admonition that there is a duty on the state to lead by example. In this finding, the ConCourt quoted US Supreme Court judge Louis Brandeis: “In a government of laws, existence of the government will be imperilled if it fails to observe the law scrupulous­ly . . . Government is the potent, omnipresen­t teacher. For good or for ill, it teaches the whole people by its example . . . If the government becomes a lawbreaker, it breeds contempt for the law; it invites every man to become a law unto himself; it invites anarchy.”

If the NPA has conceded it was wrong to drop the charges, it seems obvious that they should be reinstated. NPA spokesman Luvuyo Mfaku said the NPA was not embarrasse­d by its concession. But it should be.

And it should ensure it avoids further embarrassm­ent by doing the principled and ethical thing: charging the president.

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