Weekend Argus (Saturday Edition)
Cyril can sink Zuma
Court order to remove NPA boss welcomed Teen dies on school trip to Vietnam
DEPUTY President Cyril Ramaphosa might be the man to sink President Jacob Zuma if he executes yesterday’s court order and appoints a new head of the National Prosecuting Authority.
In what experts said was a surprising ruling, a full bench of the Pretoria High Court ruled that NPA boss Shaun Abrahams has to vacate his office and ordered that Ramaphosa must appoint a new head of the country’s prosecuting body within 60 days.
This was because the president was “conflicted” and implicated in graft allegations.
The ruling sparked speculation on social media about who Ramaphosa might choose as the new head of the NPA. The frontrunner in popular opinion was former public protector Thuli Madonsela.
Ramaphosa, throughout his presidential election campaign, has been consistent in declaring that all those implicated in state capture must be prosecuted.
Whoever he appoints as the national director of public prosecutions ( NDPP) might be the person tasked with tackling the alleged fraudsters who were identified in Madonsela’s report on state capture.
In recent weeks, the deputy president has gone so far as to implore law enforcement agencies to charge those implicated in corruption and not wait for a judicial commission of inquiry.
“There is ample evidence of capture of key state institutions to advance private interests. Efforts to divert public resources into the hands of few families and individuals is continuing. The depth of state capture is revealed. Prosecutions of those implicated does not need to wait for the commission. Those who have broken the law should be criminally charged and made to account,” Ramaphosa said, addressing MPs in Parliament last month.
But Abrahams is not heading to pasture just yet as Zuma was quick to indicate yesterday he intended appealing against the ruling.
“Whilst the president awaits a full briefing on the judgment, he has been advised that an early assessment displays, with respect, various grounds upon which a successful appeal may be prosecuted,” said Zuma’s spokesperson, Bongani Ngqulunga.
However some experts say the president will have a tough time appealing what they regard as a watertight judgement.
“I think that this is a sound judgment. I believe that his chances of success are very very narrow,” said Professor Shadrack Gutto of the African Renaissance Studies department at the University of South Africa.
Phephelapi Dube, director at the Centre for Constitutional Rights, concurred. “It will be very difficult to appeal this matter because we need to consider that today’s decision was given by a full bench of judges and if you are going to appeal, they need to bring a new ground to appeal.”
“I think if they were to appeal, it will in essence be them trying to buy time... which is something the courts are not going to entertain.”
Judge Dunstan Mlambo’s ruling on the NDPP came after Corruption Watch, Freedom Under Law and the Council for the Advancement of the South African Constitution approached the Pretoria High Court to have former NDPP Mxolisi Nxasana’s removal declared invalid.
Nxasana accepted a R17.3 million golden handshake from Zuma and left the NPA in 2015.
Judge Mlambo ruled Nxasana could not be reinstated.
Yesterday’s ruling came as pressure mounted on Abrahams to announce whether the NPA intended to prosecute Zuma on the so-called “Spy Tapes” matter, which involves 783 corruption related charges.
Corruption Watch welcomed the court’s decision. Corruption Watch executive director David Lewis, said: “We have long held that the state of the National Prosecuting Authority and its leadership in particular is a major impediment to combating corruption. The president has appointed to this position a series of leaders on the basis of their loyalty to him rather than their independence and integrity.”
Yesterday, the ANC said it noted the judgment and would await the decision of those affected to decide whether to appeal or not.
“As the ANC, we trust that whatever decision taken will be in the interest of the administration of justice, the NPA and the country as a whole,” said ANC spokesperson Zizi Kodwa.
However, opposition parties slammed Zuma’s decision to appeal as they want the prosecutions chief to leave office immediately.
DA leader Mmusi Maimane accused Zuma of using delaying tactics.
“No matter the appeal, Shaun Abrahams should vacate office and let someone who can actually do the job take over. He has distinguished himself in his incompetence by taking absolutely no proactive action on the allegations of corruption and state capture that have come to light in recent months,” said Maimane.
Cope said it welcomed the judgment as it would restore public confidence in the NPA.
Cosatu said it supported the removal of Abrahams from the position as he had failed to act on state capture.
“He is a liability rather an asset, especially in the fight against state capture and the cancer of corruption.
“South Africa is mired in a cesspool of corruption with both the public and private sectors running amok and the country disintegrating at an alarming rate,” said Cosatu spokesperson Sizwe Pamla.
Abrahams has indicated he will appeal against the judgment.
“We deem it prudent to record that the order is suspended for a period of 60 days. Advocate Shaun Abrahams, therefore, remains in his position as national director of public prosecutions,” NPA spokesman Luvuyo Mfaku said.
“Advocate Abrahams’ appointment brought much- needed stability to the NPA and, under his stewardship, the NPA achieved its best performance over the last two years, since its inception in 1998.
“The stability of the NPA and effective service delivery remain paramount for Advocate Abrahams, who remains committed to ensuring that the organisation continues to execute its mandate without fear, favour or prejudice.” A 17- YEAR- OLD Westerford High School pupil collapsed and died in Vietnam on Thursday.
Shannen Rustin, in Grade 11, was among a group of 15 pupils from the Rondebosch school who travelled to a schools World Challenge expedition in Hanoi, Vietnam.
School principal Rob le Roux confirmed the news yesterday evening.
The school wrote on its website that the pupils had conquered “extreme heat and humidity” during a trek in Sapa Valley.
Asked whether Shannen’s death was related to the heat, Le Roux said he did not have all the details available and that history teacher Gordon Brookbanks, who is on the expedition with the pupils, would give further information during the weekend.
“I’m not being vague, I don’t have further informa- tion. I’ve spoken to the parents. The family is on the way to Vietnam.”
He said he had communicated with the parents of the other 14 pupils. “As far as I know ( the expedition) continues. Mr Brookbanks will notify us about whether we’re pulling out or not.”
In the letter written to the parents yesterday, he said: “Unfortunately I have to pass on to you some very tragic news coming from Mr Brookbanks and our history tourists in Vietnam.
“Whilst on a cycle outing in Hoi An and after a short photo stop, Shannen Rustin collapsed, was rushed to hospital where doctors worked on her for hours, but were unable to revive her and unfortunately she passed away.
“I have been in touch with Mr Paul Rustin and through the travel agent have managed to secure flights for Mrs Rustin and her son to fly over today at midday.”