5 August 2008
At the conclusion of the application by ANC President Jacob Zuma for the indictment against him to be declared invalid and set aside, the ANC salutes the thousands of people who turned out in numbers outside the Pietermaritzburg High Court to demonstrate their support for Zuma.
It also expresses its gratitude to the many more across the country who have expressed their determination to ensure that Zuma is treated fairly and justly.
This application goes to the heart of the concerns that the ANC has long raised about the manner in which this case has been handled. It raises critical questions about the right of all citizens to equal protection by the constitution and fair treatment by state institutions.
The ANC trusts that the court will give this matter due consideration and make a finding that serves the cause of justice.
The court is expected to give judgement on the application on 12 September 2008.
Issued by:
Jessie Duarte
National Spokesperson
African National Congress
More information:
Jessie Duarte 079 506 6756
Steyn Speed 082 572 7304
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EXPLANATORY NOTE ON ZUMA APPLICATION
The application before court is to seek the following:
This would have as its effect that the prosecution of Zuma would be quashed.
The application arises out of the critical initial decision by the then National Director of Public Prosecutions (NDPP) Bulelani Ngcuka that while they had a prima facie the National Prosecuting Authority (NPA) will not prosecute.
Subsequently, Vusi Pikoli, the new NDPP, took a decision to prosecute Zuma as did Mokotedi Mpshe later on.
The institutional provision of Section 179(5) of the Constitution requires that the NDPP may review a decision to prosecute or not after consulting with the accused among others. This, Zuma's legal team argues, has not been done, and consequently infringed on a constitutional right to which Zuma is entitled.