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ANC: Statement by Jackson Mthembu, African National Congress National Spokesperson, on allegations of abuse of state agencies in the wake of Malema charges (26/09/2012)

26th September 2012

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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.
 

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