EXTRACT FROM A SPEECH BY ANC TREASURER-GENERAL MATHEWS PHOSA TO THE PROGRESSIVE BUSINESS FORUM BREAKFAST AT GALLAGHER ESTATE, APRIL 8 2009
On Monday morning we witnessed the momentous public statement of the Acting Director of the National Prosecuting Authority when he announced that "In the light of the above, I have come to the difficult conclusion that it is neither possible nor desirable for the NPA to continue with the prosecution of Mr Zuma".
Mr Mpshe, in uttering those words, set in motion a process that, in simple terms, means that the prosecution of Mr Zuma is finally over. A matter that had dominated the national debate for almost five years, has now been laid to rest.
In this regard, I want to make a number of remarks:
Firstly I want to appeal to all South Africans to now put this matter behind us and to partner with us in building a safer, wealthier and stronger South Africa. This matter has drained our collective energy, and we must now, as a matter of priority, move on.
Secondly, whatever the legal arguments, the matter is over and the charges are withdrawn. The matter is settled. Mr Zuma now has the right to be presumed innocent whatever opportunistic opinions will be offered by so-called experts and opposition politicians. All charges against him have been withdrawn.
In this regard I find it cynical that the opposition parties have been silent about the evidence about alleged misconduct by the former Director, as well as the former head of the disbanded DSO.
These allegations shed a different light on the actions of the former Scorpions, and create a much more realistic environment within which the decision by government to disband the Scorpions should be read.
Thirdly, we are not going to counter-attack now and attack COPE leaders regarding the possibility that some of their leaders might have played a role in this matter. We have already indicated that we support a thorough investigation into this matter, be that through a Commission of Enquiry, or in another appropriate forum. We do not want to prejudge the findings of such a forum by making public accusations prematurely, irrespective of whether prima facie evidence exists or not.
Fourthly, we call on all persons involved in this matter to come forward and make available all the information at their disposal. I personally find it hard to believe that only two individuals could have played a role in politicizing this matter or scheming on how to act to the detriment of Mr Zuma. Anyone, whether from the former DSO, the NPA or from another state institution or office, should now own up if they contributed by either acts of commission or omission to this deplorable state of affairs.
Finally, I call on the NPA to immediately institute an objective review of all former or current cases within which similar actions might have negatively impacted on the rights of accused. There exists a strong perception that Mr Zuma is not the only victim of this vicious misuse of power and authority, and that perception should be clarified forthwith through the scrutinizing and interrogation of the facts at hand. Submissions should, in my view, also be invited.
We have to move forward as a nation, but we cannot do so if we sweep this misuse of power for "collateral and illicit purposes" under the carpet.
I thank you.
Issued by the African National Congress
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