POLITICS

Charges against Malema not politically driven - ANC

Party says courts are right place to test whether state institutions have been abused

ANC STATEMENT ON THE ACCUSATION OF ABUSE OF STATE AGENCIES IN THE WAKE OF JULIUS MALEMA CHARGES

The African National Congress has noted with concern the accusation by the ANC in Limpopo and the ANC Youth League that state agencies are used to fight political battles in the wake of charges against Malema and others. We reject this accusation with contempt as it is misleading and seeking to undermine the rule of law and jurisprudence of the country. In their statement they have been quoted saying that there are 'clear indications that abuse of power by the state is again taking place in South Africa'.

This suggests that the charges favored against the expelled member of the ANC and four others are politically motivated.  We want to appeal to our structures and to all South Africans to refrain from using inflammatory and unsubstantiated accusations against the ANC and the government agencies.

In relation to charges favored against the former member of the ANC we want to state it categorically that the ANC, its President Comrade Jacob Zuma and its leadership have no role in the charges. The charges have been preferred by competent institutions that derive from our Constitution.  As the ANC we want to put it on record that we have confidence in our state institutions to discharge their duties without any political motive.

We believe that these charges will be tested in the court of law given their competency and that anybody appearing in court has a right to defence. It is evident that anybody that suggests the abuse of state powers is trying to water down the implications inherent in the charges and prejudging the case before it has even started.

It would therefore be a fundamental insult to our law enforcement agencies including our courts who are totally independent of government to be accused of being political pawns in the hands of politicians.

If indeed there is state abuse, the outcome of any case before the court will prove so. The ANC believes that there is no one above the law and that the fight against crime and corruption must be intensified without fear or favor.  If any person claims to be innocent, the courts are the right place to test that. Let us not prejudice a matter that is currently before our courts.

Let's allow the law to take its course and presume everyone appearing before the courts innocent until proven guilty . We call on all that claim to have evidence of abuse of state power and its agencies, to submit such evidence in court as part of the defence of those allegedly abused.

Statement issued by Jackson Mthembu, ANC National Spokesperson, September 26 2012

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