As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
My usually reliable sources tell me that Jacob Zuma was indicted today on several charges stretching beyond the fraud and corruption charges brought against Schabir Shaik and extending to racketeering and tax fraud. Apparently Mr Zuma’s lawyer, Roger Hullay has confirmed this. It will be reported tonight on ETV news.
The timing is curious. In the absence of any news on charges being brought against Police Commissioner Jackie Selebi, the haste with which charges are being brought seems to suggest that the NPA and (perhaps its political masters) were scared that Mr Zuma and the newly emboldened ANC NEC would try and stop charges being brought against him. They felt that time was of the essence and thus had to move before the ANC NEC met for the first time.
It does create new legal and political trouble for Mr Zuma as it suggests that the raids on his premises and that of his lawyers has uncovered new evidence of possible wrongdoing on his part. Like Al Capone who was eventually brought down by tax evasion charges, Mr Zuma might yet be brought low not by the original charges of fraud and corruption but the ancillary charges now added to the charge sheet.
Am I the only one to see the hand of Presidnet Thabo Mbeki in all of this? With the principled Vusi Pikoli out of the way and with the hapless, buffoonish, Mokoted Mpshe, acting as head of the NPA, it might well be that the president has placed some serious pressure on him to charge Zuma as soon as possible. No stories here of the MInister of Justice not being available to receive information from the NPA about possible charges. And why is it being done on a Friday between Christmas and New Year.
For those who believe in the conspiracy against Zuma this will be a final straw in giving proof of that conspiracy. But of course, even if there is a conspiracy and even if we all believe there to be one, if Mr Zuma is convicted, he will not be able to become President and Mr Mbeki would have “won” the battle (if not the war) against the Zuma camp.
All in all, a peculiar development. And you heard it here first!BACK TO TOP