Zuma Nkandla Charges: Justice Minister must ensure a decision is urgently taken

Last week, the Democratic Alliance’s legal team wrote to the National Director of Public Prosecutions (NDPP) calling on him to furnish the DA with a decision on whether to prosecute or not prosecute Jacob Zuma, by no later than Monday, 15 May 2017.

In a responding letter, the Acting Special Director of Public Prosecutions, Adv M Govender, refused to give a simple answer as to whether the President will be prosecuted or not, even though the completed investigation has been with the National Prosecuting Authority Authority (NPA) for almost two years now.

The Minister of Police has stated in a reply to my Written Parliamentary Question that the investigation “has been concluded”, and that “the case docket was handed into the office of the NDPP on 21 August 2015, for a decision on prosecution”.

Adv Govender now claims that further investigation is required before he can arrive at a decision. This is completely unacceptable and smacks of a justice system using every stalling tactic in the book to avoid prosecuting Jacob Zuma for his unlawful actions.

This matter is straightforward. An investigation has been concluded, and the docket has been sent to the NPA. The role of the NPA is simple – it must decide to either prosecute Jacob Zuma or not prosecute Jacob Zuma.

I will therefore be writing to the Minister of Justice, Michael Masutha, requesting that he urgently see to it that a decision on the already concluded investigation is taken, failing which the DA will be left with no option but to approach a court of law to compel the NPA to make a decision.

The selective prosecution on the part of the NPA is a violation of its duty to prosecute without fear, favour or prejudice. Mr Abrahams faces the simple task of doing his job by prosecuting any citizen who has a case to answer for, even if that person happens to be the Head of State.

We will continue to fight this cause and ensure that justice prevails so that the Rule of Law takes its rightful place.

Statement issued by DA leader, Mmusi Maimane, 15 May 2017