CONCOURT BLASTS ZUMA – AGAIN
He abused power, state resources, says judge
THE SEARCH is on for a new National Director of Public Prosecutions (NDPP), after the Constitutional Court yesterday delivered yet another damning judgment against former president Jacob Zuma.
The top court in the land found that Zuma had abused power and state resources in his desperate bid to anoint a pliant NDPP in actions that compromised the integrity of the office and brought instability to the prosecuting body.
The matter related to the 2015 controversial removal by Zuma of former NDPP Mxolisi Nxasana and the subsequent appointment of Shaun Abrahams.
Corruption Watch and Freedom Under Law wanted confirmation of declarations of invalidity by the North Gauteng High Court, including the invalidity of the R17.3 million golden handshake through which Nxasana agreed to vacate office.
Justice Mbuyiseli Madlanga said Zuma had acted illegally and compromised the integrity of the prosecuting authority by removing Nxasana and replacing him with Abrahams, who he ordered to vacate office.
“The removal was an abuse of power. Advocate Abrahams benefited from abuse of power.
“It matters not that he may not have been aware of the abuse of power. The rule of law dictates that the office be cleansed of all the ills that have plagued it for the past few years,” Justice Madlanga said.
He said Zuma – who was found by the Concourt to have violated his oath of office in the Nkandla matter – was prepared to consider any amount of money or employ whatever tactic he could muster in his determined bid to get rid of Nxasana.
“There was first the notification that Nxasana would be subjected to inquiry with a view to establishing whether he was still fit and proper to hold office.
“Concomitantly, there was a threat of suspension pending finalisation of inquiry, albeit with full pay. This was followed by former president Zuma’s proposal that there be mediation,” Justice Madlanga said.
He said that when all else failed, Zuma instituted the inquiry but still pursued a parallel process in which he offered Nxasana R10m to walk away, which the prosecutor rejected.
“What plainly evinces how desperate former president Zuma was to get rid of Nxasana is that this was followed by a draft settlement in which the amount was left blank. Nxasana was being told to pick whatever figure,” the judge said.
The Concourt has, however, ruled that it would not be just and equitable for either Nxasana or Abrahams to be retained at the helm of the prosecuting body.
All eyes are now on President Cyril Ramaphosa, after the court ordered him to appoint a new NDPP within 90 days.
Last year, a high court stripped Zuma of his powers to appoint an NDPP, saying he was too conflicted.
Corruption Watch executive director David Lewis said he was disappointed that Nxasana was not returned to his post.
“I am disappointed that Nxasana was not reinstated into office. But I am sure he has his stellar career ahead of him.
“I think Nxasana was placed under the most acute pressure. It was acknowledged by Zuma that he was fit and proper for office, and I think it would have been just and equitable Lewis said.
Justice Madlanga said while he had sympathy for Nxasana, he was not free of blame as he was prepared to leave office if Zuma paid him for the remainder of his contract period.
“He made this demand when he had been in office for just over a year. Yet he wanted a payout for close to nine years, the unexpired term of office. Effectively, although Nxasana strongly protested his fitness for office, he was saying he was willing to be bought out of office if the price was right,” Justice Madlanga said.
Nxasana said while he was disappointed that he could not retain his job, he felt vindicated as the court acknowledged the pressure he endured under Zuma.
“I am disappointed but at the same time I respect the court judgment and I am willing to pay back the money as directed by the court.
“Today I am vindicated. The court has heard my version and accepts the treatment that I received. I was subjected to all this humiliation at the time,” Nxasana said.
In a statement, the Presidency announced that Ramaphosa had noted the judgment, including its directive that he must appoint a new NDPP.
“In studying this judgment, the Presidency is guided by the undertaking given by President Ramaphosa in the February 2018 State of the Nation Address that South Africa’s law enforcement institutions would be strengthened and shielded from external interference or manipulation.
“President Ramaphosa also undertook that urgent attention would be given to leadership issues at the National Prosecuting Authority to ensure that this critical institution is stabilised and able to perform its mandate unhindered,” the Presidency said.
SUPPORTERS of former president Jacob Zuma have called on voters to boycott next year’s elections if political parties fail to pressure President Cyril Ramaphosa to curb fuel price increases.
Traffic came to a halt as members of People Against Petrol and Paraffin Price Increase (Papppi) marched in Durban yesterday.
They handed over a memorandum to eThekwini deputy mayor Fawzia Peer to pass on to Ramaphosa.
Leaders of Papppi, who included pro-Zuma business owners and pastors, said they had asked several political parties to take part in the protest, but only Black First Land First and the lesser-known National Peoples Ambassadors attended.
“Other political parties ignored our invitation. Come next year’s general elections they will come to ask you for a vote. Don’t vote for them unless they tell you what they have done to pressure Ramaphosa to lower the petrol price,” said Bishop Bheki Ngcobo, Papppi’s deputy chairperson.
He said that since Ramaphosa came to power, the country had seen the petrol price increase four times, and it was now sitting at more than R16 a litre.
“We have experienced a low turnout at our church services because people cannot afford to drive or commute because of the exorbitant petrol price. They cannot even afford the offering,” said Bishop Sandile Ndlela.
Papppi’s national convener and Durban businessman Visvin Reddy, who is also an ANC activist, called on the government to nationalise Sasol so that it could decrease the petrol price.
“In this country, 55% of our people are living in poverty. Every time the government increases prices, it takes away food from the mouths of the poor.
“Nationalise Sasol and decrease petrol to R8 per litre,” he urged.
Reddy has courted controversy in the past for his social media statements. In 2014, he stated on Facebook that Indians complaining about the ANC should go back to India, and last year during anti-Zuma protests he said he would be selling sjamboks.
Reddy said the steep fuel prices had caused hardship in many families.
“Last week, bread prices went us by 5c a loaf. Our tax and bus fares are going up, but our wages are not.
“We are saying to the president, put a moratorium on all future increases of petrol prices.
“The elections will be held next year, and I want every South African to ask any party that is asking for the vote: ‘What have you done about the fuel price?’ If they haven’t done anything, don’t vote for them,” said Reddy.
‘People cannot afford to commute’