NPA must stand firm in the face of pressure from Zuma to drop charges
Reports that Jacob Zuma's legal team will be making a representation to the National Prosecuting Authority (NPA) indicate Zuma's increasing desperation. He and his allies are casting around for any way out - political, legal or otherwise - to ensure that he avoids facing his day in court.
If Jacob Zuma is not guilty of corruption, then why is he unwilling to answer the charges against him in a court of law? Why does he need to negotiate with the NPA? If Zuma is innocent, then he would surely welcome the opportunity to clear his name in court. He would certainly want to avoid the perception that he escaped justice as a result of a back-room deal with the NPA.
The NPA, in prosecuting Zuma and other high profile individuals, such as Jackie Selebi, has demonstrated that it operates "without fear, favour or prejudice" as it is constitutionally obliged to do. Any special deal for Zuma would destroy, at a stroke, the reputation of the NPA, as well as a key principle underpinning our Constitution - that all are equal before the law.
It is not beyond the realm of possibility that Zuma will pressurise the NPA to drop the charges against him in return for a guarantee that there will be no purge of NPA officials once he becomes State President. This, of course, would amount to political blackmail.
One of the greatest weaknesses in our Constitution is that the President has the sole power to appoint the head of the NPA. We have consistently pointed this out in the past, but now it has turned out to be a critical point, given the direct conflict of interest that Zuma has in this matter.
The NPA must stand firm in the face of pressure from Zuma and his allies to drop the charges. This is not the time to buckle to political pressure. It is an opportunity to show that the institutions designed to limit the ruling party's power can operate without fear or favour.
In doing so, the NPA will give everyone hope that we have a robust constitutional democracy and that there is no chance of going down the banana republic path of Zimbabwe.
Statement issued by Helen Zille, leader of the Democratic Alliance, September 8 2008
