Finally, after almost a decade of ducking and diving, and squandering millions of rands of public money on his own legal fees, President Jacob Zuma will now face 783 charges of corruption, fraud and racketeering for stealing the people’s money.
The Democratic Alliance (DA) welcomes the judgment handed down by the Supreme Court of Appeal (SCA) this morning, which flatly rejected President Jacob Zuma’s appeal of the 2016 North Gauteng High Court ruling that set aside the decision to drop these charges eight and a half years ago. The court found that the decision to drop these charges was borne from undue political considerations and, therefore, irrational.
Today’s judgment is a win for justice, the rule of law, and for South Africa. Jacob Zuma will not defeat the ends of justice. The law applies to all, regardless of status.
The matter is now straightforward. The charges now stand, and a court of law must hear this matter. If the President is innocent, as he proclaims, he ought to let a trial court decide on his innocence. His actions over the last decade smack of a desperate attempt to avoid this eventuality. These are the actions of a man who knows he has a lot to answer for.
In this light, I will be writing to the National Director of Public Prosecutions, Adv Shaun Abrahams, insisting that Jacob Zuma is served with an indictment and appears in court at the soonest available date. Adv Abrahams must commit to reinstating all 783 charges, and furnish the people of South Africa with a date by which these charges will be processed. Adv Abrahams must give us a response within 10 days. The charges have been formulated and the evidence is ready. We now await a trial date.
We suspect that President Zuma will want to make fresh representations about why charges against him should be dropped. However, this is unnecessary, as he made written and oral representations on why exactly the same charges ought to be dropped back in 2009, and these representations were rejected. We will not stand for Jacob Zuma.
While everyone has the right to approach the courts for relief, the matter at hand is a simple one, and requires no further deliberation. We urge President Zuma to stop wasting public funds through lengthy legal appeals, and to accept the fact that he will stand trial for 783 charges of corruption fraud and racketeering. We estimate that Zuma’s delaying tactics in the courts to date have cost the taxpayers upwards of R30 million. Jacob Zuma must and will be held personally liable and made to pay for wasting valuable financial resources. Zuma must pay back the money he wasted.
This matter has been ongoing since 6 April 2009, when then Acting National Director of Public Prosecutions (NDPP), Adv Moketedi Mpshe, announced that the National Prosecuting Authority (NPA) would be discontinuing the prosecution of Jacob Zuma on 783 charges of corruption, fraud, money-laundering and racketeering. The next day, the DA launched a review application in the Gauteng North High Court to review and set aside this decision on the grounds that it was manifestly irrational and therefore illegal.
This now presents Adv Abrahams a golden opportunity to show his independence and proceed with this prosecution as planned, and give Jacob Zuma a court date.
The DA has always maintained that the President may not be guilty but that he have his day in court as is consistent with the Rule of Law and due process. The President himself has stated on numerous occasions that he wants his day in court.
In the absence of any legitimate factual or legal reasons, the DA is led to believe that these charges were dropped for political purposes: a political solution needed to be found to drop charges against a person who was about to become President, and the Spy Tapes provided the convenient excuse that has now been set aside.
It is special that the President Jacob Zuma is caring about the African National Congress Party Constitution, when he clearly struggles to control his own party and his own government from senselessly looting and corrupt behavior from taking state owned companies with contracts to ANC connected investor families. It is ironic and weird, that he uses the misconduct part of the constitution to say he will discipline them. While he with more corruption counts, than I can remember, has to talk about justice and law is weird. Zuma is not the right guy to do so!
Still he said this yesterday:
““You decide to use your conscience. Unheard of, you were sent there [to Parliament] by the ANC,” said Zuma of those in the ANC benches who sided with the opposition” (…) ““The ANC was put into serious disrepute on August 8,” said the president. Reading out sections of the ANC’s constitution before asking the audience what must be done, Zuma said: “A serious offence shall be committed by any member acting on behalf or in collaboration with a political organisation or party other than an organisation or party in an alliance with the ANC.” (…) ““You must act,” said some in the crowd when he told them the recommendation for such behaviour was disciplinary procedures” (Madia, 2017).
So that President Zuma was quoting the article 25.17.12 of the is very strange, that this is his comfort zone, since in the Act of Misconduct, 25.17, there are enough places to himself in. It doesn’t take a lot of thinking or even considering his own behavior before finding respectable offenses he has done to party. He is literally throwing stones in a glass house.
Because within common-sense and reason, Mr. President, Jacob Zuma has broken the misconduct articles of ANC Constitution:
First: “25.17.1 Conviction in a court of law and being sentenced to a term of imprisonment without the option of a fine, for any serious non-political offence”. Mr. President, himself was at one point in different courts of law for the misuse of public homes will building the Nkandla Village Project, with the firepool and the local hospital. This offense to the state, he had to repay parts of the building back to the state and did so. Therefore, just by my reckoning, he has breached this one and should go through trial process as protocol by the ANC Party.
Second: “25.17.4 Behaving in a manner or making any utterance which brings or could bring or has the potential to bring or as a consequence thereof brings the ANC into disrepute”. This is very easy, as of the Financial Minister firing of 2015 and the 2017. That has downgraded the economy twice and put the state in junk-statue, clearly brings ANC into disrepute, also the questioning of following party line with the firings or if he just picked-up the phone and had a conversation with his Gupta supporters. Since, the economy has taken a hit by these acts of vile cabinet reshuffle.
Third: “25.17.8 Abuse of elected or employed office in the Organisation or in the State to obtain any direct or indirect undue advantage or enrichment”. Mr. President knows that he has breached this one, with getting family members involved in Oakbay Resources and Oakbay Investments companies, that again has gotten favorable state contracts to sell coal to Eskom and others. Which is not in line with the law of South Africa, neither the ANC Constitution. Therefore, without even trying. I have found three offenses to the President, that the ANC should consider working-on.
I am sure the ANC not going to act upon the President, because it is easier to suspend mere MPs, than get the President under hot water, they are all bowing loyally to him and following his corrupt directions. It seems to be a shell of party, if they do spell the criteria this way, than Zuma is bigger than the ANC. That means the ANC is Zuma, since ZUMA can acts as pleases, but the others has to follow the provisions of the ANC Constitution. He is above them, since he can sanctions others, but the party cannot sanction him. Even if he breaches many of provisions and does not follow the rules of the party. Peace.
Madia, Tshidi – ‘Zuma Speaks On The Motion Of No Confidence: ‘The ANC was put into serious disrepute on August 8’ (13.08.2017) link: http://www.huffingtonpost.co.za/2017/08/13/zuma-speaks-on-the-motion-of-no-confidence-the-anc-was-put-int_a_23075866/
The National Assembly voted on the motion of “No Confidence” and was able to hold a secret votes of it. That was making people unease, since it took a long while for the counting of the Members of Parliament (MPs). Even the Parliamentary Speaker Baleka Mbete didn’t want to vote, unless there was a ties. That did not succeed, so here vote wasn’t needed.
This is the 8th Vote of No Confidence in the President. Who has enough scandals, enough of partnership with foreign investors, enough of misuse of office to be questioned by the Parliament. What was new was the secret ballot. This time the tally was 198 MPs voted against the Motion and 177 MPs vote for it. 16 MPs abstained from voting. Therefore, the Presidency prevails. But it is shattered.
The African National Congress (ANC) are also tearing apart, as there are renegades who voted against the President. It is about 30 MPs who voted “No Confidence” against President Jacob Zuma. Clearly, there are voices and belief internally that he isn’t the godfather and the principal Executive that South Africa should have. However, that minority within own ranks wasn’t big enough to toil the cronies and the loyalist to the Party Line.
The other was expected to vote against the President, if it was COPE, EFF and DA. They were all rallied up and making themselves ready for a fierce battle. The corruption, decadence of disdain against proper governance had to stop. Clearly, that was snuffed away like old tea. The whole ordeal was silenced and the President can bask in glory.
Still, the victory isn’t a real victory, as the ANC and the President are running on a empty tank. No trust, no faith and no policies to show for. The financial trust in the government is lacking, the shuffles of the cabinet and exchange of Finance Minister has downgraded the former booming economy. The secrecy and the agreements between one rich investor family, the Guptas and political family Zuma. Has also lost the trust in the state owned businesses. As they are used to enriches both families.
We can just wonder how long the South African Republic will accept being tarnished and disrespected by the President and his supreme clientele. Needs some Iron Fists and some shaking of the core of the ANC to understand. The arrogance of the ruling party, might be shattered, as the opposition parties was getting more power in the recent locals elections. The faith in ANC should be smoldering on the core, the drainage of cronyism and corruption, should eat the foundation and make the shaky foundation soon collapse. It is just about time at this point and when someone who can either in coalition or within own party blend the loss of faith and make the South Africans believe in “real change” and “true development”. That is what is needed.
The ANC won today, as they have done in recent “no confidence” in the National Assembly, but they also lost today, because they are now proof of their shaky foundation. The lackeys of Zuma can rejoice, but their fate is not sealed. That might be dwindling quicker then they understand. Peace.
The ANC Youth League notes the decision of the Speaker of Parliament regarding the method by which the No Confidence Vote will be conducted. The decision to conduct the vote by secret ballot is consistent with the rules and procedures of parliament and the discretion of the Speaker to determine which method to employ for any given matter before the house.
We remain firm in our belief that that whether by secret ballot or open voting; the political outcomes of the vote must and will be the same. It is only the delusional wishes of the opposition, aided by sensationalist media opinion, that creates a fictitious possibility of a Secret Ballot tilting the political outcomes.
The decision for a Secret Ballot presents an opportunity for ANC Members of Parliament to demonstrate to the opposition and other forces hoping for regime change through a palace coup that our movement will defend its democratic mandate. The outcomes of the secret ballot will reaffirm our confidence on the capacity of members of the movement in different spaces to assert the ANC as the political center.
Ideally, we would have preferred that this be done in full view of the public in order to communicate the important message that our defense of the ANC is not a matter of secret. We would have preferred the open vote because we believe that the commitment to the ANC as the political center is a matter of conscience that we carry openly for everyone to see.
As we have said before, all members of the ANC and democratic forces of South Africa have a revolutionary duty to rise up against these attempts at staging a palace coup. At the forefront of this political programme to defend the democratic majority will be the Members of Parliament deployed by the ANC. They have a duty to assert the right of the popular masses to determine their own fate and leadership against an elite attempt to shortchange democracy.
We are convinced that by the end of the parliamentary session tomorrow, the ANC Members of Parliament would have delivered a clear message to the opposition that they cannot and should not donate their opposition politics to our movement. When Comrade Jacob Zuma is reaffirmed as President of the Republic, the opposition will have to go bury their bruised egos in sand after they are defeated.
ANC Youth League
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Njabulo Nzuza Mlondi Mkhize