It is interesting to observe some critics and opposition parties calling on the NPA to reinstate the corruption charges against Jacob Zuma after Schabir Shaik's failed appeal.
They fail to consider that the general constituent elements of corruption must be present before the NPA can reinstate the charges.
It does not follow that the NPA would win the case on the basis of prima facie evidence of corruption in which Shaik is presumed to have solicited a bribe from Thomson-CSF, in exchange of protection from investigation into its role in the arms deal.
The auditor general, public protector and the directorate of public prosecutions formed a joint investigating team to probe allegations of corruption in the arms procurement deal, and found everything above board.
The question is whether there is irrefutable proof that Zuma is at fault or acted unlawfully with a blameworthy state of mind, including the knowledge of the corruption defined in the charge sheet. This test would determine whether there was corruption in the arms procurement deal, which compelled either Thomson-CSF to seek protection from Zuma or Shaik to solicit a bribe on Zuma's behalf in exchange of protection from investigation into its role in the deal. That is why this case requires justice to be done beyond selective and subjective limits.
Morgan Phaahla, Ekurhuleni