Zuma judgment delivered in SCA

12 January 2009, 14:05

The Supreme Court of Appeal today delivered judgment in the case of National Director of Public Prosecutions v Zuma (573/08) [2009] ZASCA 1 (12 Jan 2008).

It upheld an appeal by the NDPP against a judgment by Nicholson J in which he had set aside the indictment of Mr Zuma on 18 main counts of racketeering, corruption, money laundering, tax evasion and fraud. The effect of the judgment on appeal is that the prosecution may proceed.

The case concerned in the main the interpretation of section 179 of the Constitution. The SCA held that the section did not require that the NDPP had to invite Mr Zuma to make representations as to why he should not be prosecuted before indicting him and to provide him with a full explanation why a former decision not to prosecute was not adhered to.

The SCA also held that Mr Zuma had no legitimate expectation that he would have received such an invitation and explanation. It noted that Mr Zuma, knowing that he could make representations, chose not to make any.

Aware of the possible political implications of the judgment, the SCA emphasised that the judgment is not about the guilt of Mr Zuma; it is not about the question whether the decision to prosecute was justified; it is not about who should be the president of the ANC; it is not about whether the decision of the ANC to ask Mr Mbeki to resign was warranted; and it is not about who should be the ANC?s candidate for the presidency in 2009. More particularly, it is not about whether there was political meddling in the decision-making process.

The judgment, however, deals with the question whether the findings by Nicholson J relating to political meddling were appropriate or could be justified. It came in this regard to the conclusion that his findings were inappropriate and could not be justified on the papers before him. The SCA found that the learned judge had failed to have regard to some basic tenets concerning the judicial function and that he had failed to apply fundamental rules of procedure. This led to the erroneous findings.

Mbeki 'to undergo spiritual rebirth'

By Thabiso Thakali

2009 is going to start with a battle for ANC president Jacob Zuma but end well, while former president Thabo Mbeki could undergo a spiritual rebirth - that's if predictions by two diviners are anything to go by.

Sharing their predictions for 2009 with the Saturday Star, an astrologer and a sangoma agreed that despite what could be a rough start in the new year, there will be better times for Zuma.

And perhaps personal transformation is on the cards for Mbeki in 2009, although, according to astrologer Richard Fidler, he is set to become more reclusive.

"Mbeki's chart shows that he is quietly going to go through a spiritual change. He might become active in social welfare projects or humanitarian work," said Fidler.

"Zuma's astrological chart shows that April [the mooted date for the general election] will be an important month in his life. It shows that he will be more active in this period"

Sweetness Tau, a Vosloorus-based sangoma, predicted that Mbeki would emigrate.

She said Mbeki and his ancestors were unhappy at the way the country was being run at the moment, and this could make him decide to leave.

"There is a high possibility that Jacob Zuma may ultimately become the president of SA, although his legal woes may continue to threaten to derail his plans," she said.

"But because he [Zuma] has been through this before and he has the support of his ancestors, he will survive with few scars."

Both seers were adamant in their predictions that while the Congress of the People would pose a serious threat to the ANC's dominance, the ANC would still comfortably win 2009's general election.