By insisting that the National Prosecuting Authority report to the government, President Jacob Zuma has demonstrated the extent of the threat that he and his administration pose to our constitutional democracy. His reported statements show that South Africa is on the brink of a constitutional crisis in which the central institutions of our Constitution are at grave risk.
Interviewed on Talk Radio 702 this morning, President Zuma rejected the notion of the independence of the National Prosecuting Authority -- independence that is entrenched in South Africa's Constitution. President Zuma stated this morning: "The NPA reports to government. It's not a thing flying in the sky on its own, unconnected. And there are decisions that there would be taken which could have implications, and that's why we've got a department with a political responsibility."
The President was responding to questions about his appointment of former Justice Director-General, Menzi Simelane as National Director of Public Prosecutions in the NPA. Adv Simelane, in his previous positions as Director General of Justice, tried to interfere with the work of the NPA by insisting that charges against former police commissioner, Jackie Selebi, be withdrawn.
President Zuma's statement that the NPA should "report" to the government also goes a long way to explaining why the acting National Director of Public Prosecutions withdrew fraud and corruption charges against President Zuma and then refused to give reasons for doing so, on the grounds that this would "embarrass" the President.
The interview on 702 this morning further underlines how the Zuma administration is destroying the central principle of our constitutional order: that all people are equal before the law.
It is now clear that President Zuma has no understanding at all, of the concept of the "separation of powers" that is central to any constitutional democracy. He believes that all independent institutions of the Constitution are extensions of the ANC-led government departments. This approach inevitably leads to the "failed state" -- to cronyism, corruption and criminalisation of the state. There are many tragic examples of this syndrome on our continent. President Zuma's contempt for our Constitution is the clearest possible warning that South Africa will follow the same course unless he is stopped.
This is what happened in Zimbabwe, as President Robert Mugabe brought every independent state institution, including the army and police, under his control to advance his own personal wealth and power, while conducting a reign of terror against the people.
It is therefore essential that we stop South Africa going in the same direction.
This is what the Democratic Alliance is seeking to do by its applications in the High Court for a review of:
· The NPA's decision to withdraw charges against Jacob Zuma without giving any rational reason for doing so; and
· The President's appointment of Menzi Simelane as National Director of Public Prosecutions, even though he openly rejects the notion of prosecutorial independence.
Tragically, the President's statement on the radio reveals that he also rejects the NPA's independence.
President Zuma's radio interview also revealed that there had been a "running debate" between former National Directors of Public Prosecution and the Justice Department about prosecutorial independence.
In a proper constitutional democracy this issue is not up for debate. The complete independence of the NPA from the ruling party is entrenched in our Constitution. Tampering with this principle amounts to undermining the independence of the criminal justice system, and enabling the ruling party to abuse its power by instituting prosecutions against its political enemies and withdrawing prosecutions against its political friends.
This is exactly what we see happening under the Zuma administration. If Thabo Mbeki had won a third term at Polokwane in December 2007, it is highly likely that Jacob Zuma would be in the dock today and that Jackie Selebi would still be the police commissioner.
When "justice" is dispensed according to the political masters of the day, the protection of the Constitution and the law becomes meaningless. This is a perilous position for any country to be in. South Africans must wake up at this 11th hour.
Statement issued by Democratic Alliance leader, Helen Zille, December 14 2009
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