https://www.polity.org.za
Deepening Democracy through Access to Information
Home / News / All News RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Embed Video

Mantashe attacks NPA's Mpshe

19th November 2008

By: Sapa

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

ANC general secretary Gwede Mantashe has sharply attacked National Prosecution Authority director Mokotedi Mpshe over comments he made to the media about the Nicholson ruling.

"The NPA has cast aside all pretence of professionalism or political neutrality," said Mantashe on Tuesday in response to an interview Mpshe gave to the City Press, published on November 16.

"It has come out in the open and has effectively admitted that it is pursuing a political vendetta against President Zuma. Mpshe said in the interview that his first thirteen months as acting National Director of Public Prosecutions (NDPP) and head of the National Prosecuting Authority (NPA) had been rough.

"The weight of the roughness came in that this trial (Jacob Zuma's corruption trial) was a political trial and was difficult for the NPA to handle," he said in the interview.

Mantashe said that this comment supported the ANC's longheld view that Zuma was subjected to "political persecution."

"Even more disturbing Mpshe has shown his utter contempt and disrespect for the rule of law by proclaiming that he would continue to hold that judge Nicholson is "wrong" regardless of the outcome of the NPA's pending appeal," said Mantashe.

In September Pietermaritzburg High Court Judge Chris Nicholson ruled that an NPA decision to prosecute the ANC president was invalid.

Zuma faced 16 charges, which included racketeering, corruption and fraud in a case in which French arms company Thint also faced corruption charges for allegedly bribing him for protection during an arms-deal probe.

Nicholson also said there was some merit in Zuma's contention that there was a political conspiracy tied to rivalry between himself and then president Thabo Mbeki.

Mpshe was asked in the City Press interview how he would deal with the political implications of recharging Zuma.

In the first part of his response, Mpshe said: "If you ask me that question 14 years from now I'll still say Nicholson was wrong. Completely wrong.
"I don't foresee a stage where I'm going to change my position on thisone. He's wrong and that's what I told him. Having said that, the NPA can't operate as an island and ignore what's happening around us."

Mantashe said Mpshe's statement was "ample evidence that he and the NPA had very little regard for the rule of law and for the ruling of our judiciary.

"Mpshe has committed a grave violation of his professional and legal duty as a prosecutor by allowing his judgment on the Zuma matter to be swayed by extraneous political considerations.

"He has admitted that much in his interview with City Press."

Mantashe said Mpshe's statement that he would hold Nicholson wrong even 14 years from now "means he would insist on holding that position regardless of the outcome of the appeal the NPA is currently pursuing.
"A more serious contempt of court and rule of law can scarcely be imagined!"

Mantashe said Mpshe had conducted himself in pursuit of "media celebrity status". Mpshe had done this "in flagrant disregard for the code of ethics prohibiting prosecutors from making public statements or issuing press releases that have a substantial likelihood of prejudicing a defendant's right to a fair trial."

Mantashe said when it came to the Zuma case, Mpshe's comments were "aimed at influencing and affecting the outcome of the forthcoming general elections in our country".

Mantashe said that while a court of law had dismissed the NPA's case against Zuma, the NPA was appealing the matter.
"Accordingly, Mpshe's wilful disregard of the court rulings, code of ethics for prosecutors and his self-serving statements that President Zuma remains "an accused" deserve condemnation.

Comment from the NPA could not immediately be obtained.

Advertisement

EMAIL THIS ARTICLE      SAVE THIS ARTICLE      FEEDBACK

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here


About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za