Zuma trial continues to test South African democracy Commentary
Zuma trial continues to test South African democracy
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Paul Graham [Executive Director, IDASA]: "In September 2006, the case against Mr. Zuma was struck from the court roll for technical reasons related to delays required by the National Prosecuting Authority (NPA). The NPA intimated that they would indeed be continuing with the case and the charges that Mr. Zuma faces are more extensive than the original two corruption charges. In summary these are one count of money-laundering, twelve of fraud and the overall charge of racketeering.

Mr. Zuma is at present making use of all possible legal avenues to have the case against him dismissed. There is presently a judgement pending on his claim that the NPA should have provided him with a hearing at the point of re-establishing the charge sheet. Judgement is reserved until September 12, 2008. A further application for dismissal is pending.

The African National Congress, with its substantial majority in the national government is not facing an electoral challenge in 2009 at the general election. It has determined that its President will be its candidate for the position of State President, and Mr. Zuma is therefore the all but assured successor to Mr. Thabo Mbeki whose term of office expires.

Even if the case against Mr. Zuma goes ahead, it will not be concluded before the forthcoming election. In the meantime, the imminent election of Mr. Zuma has resulted in discussions inside South Africa about amnesties from prosecutions related to the "arms deal" from which his charges emerge and which are now quite widely believed to have made others equally assailable to charges of corruption. Alternatively, plea bargains are being suggested, but as such a procedure would require Mr. Zuma to enter a guilty plea, such short circuit approaches with negotiated sentencing seem unlikely.

The political volatility which results from the slow moving judicial process and the accusations against the judiciary from the more intemperate of the Zuma supporters are a very severe test of South Africa's democratic constitution, institutions and citizens. Most commentators believe that the country will pass this test, but, given that South Africa does not use them, one might say the jury is still out."

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