Msholozi Shrugs Off the Sting of the Scorpions – Part II
By Vusi Moloi © 2009
Msholozi Shrugs Off the Sting of the Scorpions – Part I
The Great Msholozi - Poetic Tribute To Jacob Zuma
The ruling President of the African National Congress Mr. Jacob Zuma has permanently shrugged off the many deep stings of the Scorpions clearing the way for him to become the next President of the Republic of South Africa when his political party wins the elections on April 22nd of this year. Announcing the dropping of the corruption, racketeering and other charges against Zuma, the Head of the National Prosecuting Agency Advocate S.C. and former University Professor Mr. Mokotedi Mpshe cited abuse of the legal instruments and political interference as the basis for quashing the case once and for all. This landmark decision has sparked wild celebrations in the country as this takes them a step closer to having someone who is committed to advancing and safeguarding their economic interests.
Extremely Serious Allegations
Professor Mpshe pointed out in the prepared statement “We have come across information about collusion between the former heads of the Directorate of Special Operations (DSO) and NPA to manipulate the prosecutorial process before and after Polokwane elections. We regarded these allegations as extremely serious and set out to investigate them as fully as possible within the limited time at our disposal.”
Main Actor of Political Interference
The featured figure in the abuse of the legal apparatus to vilify and politically bury Mr. Zuma and his political future is the Chief Investigator Leonard McCarthy of the Scorpions together with others. In fact Mr. McCarthy is recorded as pledging his loyalty to the former President Mr. Thabo Mbeki and doing whatever it takes to politically terminate Mr. Zuma. Interestingly, the taping of the conversations occurred, not as a result of Zuma’s corruption investigation but rather as the result of the investigation of the Browse Mole Report which was later established by the authorities to be the work of the apartheid-era security establishment designed to inflict divisive blows against the ANC.
Professor Mpshe reports that his officials contacted the former Chief Investigator Mr. Leonard McCarthy but he never responded to the repeated calls of the NPA. The NPA has since instructed the Inspector-General of the Intelligence to investigate the abuse of the state organs for political purposes and undermining South Africa’s system of justice.
The Black Art of Justice Balancing
We reported in the previous article Msholozi Shrugs Off the Sting of the Scorpions – Part I that the Petermaritzburg High Court Judge Chris Nicholson had thrown out the case against Zuma because it had been tainted by political interference and failure to follow procedure. South Africa’s Supreme Court subsequently reversed that decision. That didn’t come as a surprise because South Africa’s Supreme Court is predicated upon an extremely complex system of balancing the interests of the public with respect to the interests of the private where public interest does not necessarily override private interest supposedly in line with South Africa’s constitution.
This intricate principle (a black art in itself) was first revealed to this writer by South Africa’s Supreme Court Judge when he spoke in Toronto after this writer pressed him for clarification on this puzzling legal formulation. Under the balancing act of the Supreme Court Judges (my paraphrasing), an African native, who is a victim of a ruthless crime by a colonial descendent, could see his or her sense of justice robbed when that perpetrator walks away while an African native accused of wrongdoing (rightly or wrongly) is most certain to face the full might of the law. This has happened and continues to happen in a variety of cases and in this case Mr. Zuma was a victim of that line of judicial thinking which (in the majority of cases) treats an African descendent in accordance with an unwritten rule of presumption of guilt before such a determination is made by a competent court of law.
The Supreme Court Judges of Bloemfontein appear to have followed this principle. Normally, judges don’t like to have their verdicts overturned and this explains their very judicious and meticulous behaviour in formulating their verdicts but the Supreme Court Judges acted like the old apartheid Judges who consistently found it easier to pass a verdict of guilty of wrongdoing to an African descendent before considering material evidence to the contrary.
Overzealous Figures and Anti-Zuma Sentiment
The Scorpions agency, now scrapped, was an elite law enforcement agency with both investigative and prosecutorial functions put together. The unintended outcome of such a coupled structure was the eventual undermining of the autonomy of the investigative organs on the one hand and the objectivity of the prosecutorial process on the other.
Most targets of the Scorpions were African descendents. With overzealous figures like Chief Prosecutor Advocate Billy Downer SC and Chief Investigator Leonard McCarthy driven by an anti-Zuma sentiment, there was no feedback mechanism that allowed for a fresh look at Zuma’s case. The English tell us that justice delayed is justice denied but that principle rarely applies to the non-English because Zuma had been hounded for more than eight years without any credible and verifiable evidence against him and yet this triggered no cause for pause.
Moreover, the Scorpions were allegedly found to have undermined the sovereignty of the South African government by making contractual agreements with foreign agencies without the prior knowledge or authorization of the Minister of Justice. This is what broke the camel’s back since it finally led to the demise of the Scorpions and saw their functions absorbed by the South African Police Services.
Conclusion
The economically oppressed masses of South Africa have taken to the streets to chant jubilant and liberation songs for their leader who is now confirmed to be the next President of the Republic of South Africa should the ANC win the elections as they are projected to win. The disinherited mothers and their children feel a sense of optimism since Zuma has vowed to improve delivery of services and tackle the extremely small white minority who hold a monopolistic stranglehold on the economic pie while the African mothers and their children have to make do with an extremely thin slice of the pie.
About the Author
A former South African Television Journalist, Vusi Moloi is a published author of a contextual poetry book, A Goodbye To My Little Troubles, and maintains a blog, Zulumathabo on the Internet. In addition to writing, Mr. Moloi also works as a software engineer.
Msholozi Shrugs Off the Sting of the Scorpions – Part I
The Great Msholozi - Poetic Tribute To Jacob Zuma
The ruling President of the African National Congress Mr. Jacob Zuma has permanently shrugged off the many deep stings of the Scorpions clearing the way for him to become the next President of the Republic of South Africa when his political party wins the elections on April 22nd of this year. Announcing the dropping of the corruption, racketeering and other charges against Zuma, the Head of the National Prosecuting Agency Advocate S.C. and former University Professor Mr. Mokotedi Mpshe cited abuse of the legal instruments and political interference as the basis for quashing the case once and for all. This landmark decision has sparked wild celebrations in the country as this takes them a step closer to having someone who is committed to advancing and safeguarding their economic interests.
Extremely Serious Allegations
Professor Mpshe pointed out in the prepared statement “We have come across information about collusion between the former heads of the Directorate of Special Operations (DSO) and NPA to manipulate the prosecutorial process before and after Polokwane elections. We regarded these allegations as extremely serious and set out to investigate them as fully as possible within the limited time at our disposal.”
Main Actor of Political Interference
The featured figure in the abuse of the legal apparatus to vilify and politically bury Mr. Zuma and his political future is the Chief Investigator Leonard McCarthy of the Scorpions together with others. In fact Mr. McCarthy is recorded as pledging his loyalty to the former President Mr. Thabo Mbeki and doing whatever it takes to politically terminate Mr. Zuma. Interestingly, the taping of the conversations occurred, not as a result of Zuma’s corruption investigation but rather as the result of the investigation of the Browse Mole Report which was later established by the authorities to be the work of the apartheid-era security establishment designed to inflict divisive blows against the ANC.
Professor Mpshe reports that his officials contacted the former Chief Investigator Mr. Leonard McCarthy but he never responded to the repeated calls of the NPA. The NPA has since instructed the Inspector-General of the Intelligence to investigate the abuse of the state organs for political purposes and undermining South Africa’s system of justice.
The Black Art of Justice Balancing
We reported in the previous article Msholozi Shrugs Off the Sting of the Scorpions – Part I that the Petermaritzburg High Court Judge Chris Nicholson had thrown out the case against Zuma because it had been tainted by political interference and failure to follow procedure. South Africa’s Supreme Court subsequently reversed that decision. That didn’t come as a surprise because South Africa’s Supreme Court is predicated upon an extremely complex system of balancing the interests of the public with respect to the interests of the private where public interest does not necessarily override private interest supposedly in line with South Africa’s constitution.
This intricate principle (a black art in itself) was first revealed to this writer by South Africa’s Supreme Court Judge when he spoke in Toronto after this writer pressed him for clarification on this puzzling legal formulation. Under the balancing act of the Supreme Court Judges (my paraphrasing), an African native, who is a victim of a ruthless crime by a colonial descendent, could see his or her sense of justice robbed when that perpetrator walks away while an African native accused of wrongdoing (rightly or wrongly) is most certain to face the full might of the law. This has happened and continues to happen in a variety of cases and in this case Mr. Zuma was a victim of that line of judicial thinking which (in the majority of cases) treats an African descendent in accordance with an unwritten rule of presumption of guilt before such a determination is made by a competent court of law.
The Supreme Court Judges of Bloemfontein appear to have followed this principle. Normally, judges don’t like to have their verdicts overturned and this explains their very judicious and meticulous behaviour in formulating their verdicts but the Supreme Court Judges acted like the old apartheid Judges who consistently found it easier to pass a verdict of guilty of wrongdoing to an African descendent before considering material evidence to the contrary.
Overzealous Figures and Anti-Zuma Sentiment
The Scorpions agency, now scrapped, was an elite law enforcement agency with both investigative and prosecutorial functions put together. The unintended outcome of such a coupled structure was the eventual undermining of the autonomy of the investigative organs on the one hand and the objectivity of the prosecutorial process on the other.
Most targets of the Scorpions were African descendents. With overzealous figures like Chief Prosecutor Advocate Billy Downer SC and Chief Investigator Leonard McCarthy driven by an anti-Zuma sentiment, there was no feedback mechanism that allowed for a fresh look at Zuma’s case. The English tell us that justice delayed is justice denied but that principle rarely applies to the non-English because Zuma had been hounded for more than eight years without any credible and verifiable evidence against him and yet this triggered no cause for pause.
Moreover, the Scorpions were allegedly found to have undermined the sovereignty of the South African government by making contractual agreements with foreign agencies without the prior knowledge or authorization of the Minister of Justice. This is what broke the camel’s back since it finally led to the demise of the Scorpions and saw their functions absorbed by the South African Police Services.
Conclusion
The economically oppressed masses of South Africa have taken to the streets to chant jubilant and liberation songs for their leader who is now confirmed to be the next President of the Republic of South Africa should the ANC win the elections as they are projected to win. The disinherited mothers and their children feel a sense of optimism since Zuma has vowed to improve delivery of services and tackle the extremely small white minority who hold a monopolistic stranglehold on the economic pie while the African mothers and their children have to make do with an extremely thin slice of the pie.
About the Author
A former South African Television Journalist, Vusi Moloi is a published author of a contextual poetry book, A Goodbye To My Little Troubles, and maintains a blog, Zulumathabo on the Internet. In addition to writing, Mr. Moloi also works as a software engineer.
Labels: Not Yet Uhuru
posted by Vusi Moloi at
10:16 AM
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