Fri Oct 21 17:06:58 SAST 2016

What JZ and party can do to deal with verdict

By unknown | Jan 13, 2009 | COMMENTS [ 0 ]

Ido Lekota

Ido Lekota

1. Appeal to Constitutional Court.

Law experts believe that it will be an uphill battle for Zuma to get the Constitutional Court to rule against the SCA decision.

"From a legal point of view the SCA was very meticulous and therefore it will be difficult to find fault in it," says constitutional law expert Shadrack Gutto.

But he conceded that because the decision was about the interpretation of the Constitution, the Constitutional Court could differ.


This means that Zuma could confess to some wrongdoing to a lesser charge and even provide information about other parties involved. The sentence he receives must be less than a 12-month imprisonment because anything more than that would disqualify him from being an MP and therefore a candidate for the country's presidency.

This option also does not augur well for the ANC's image of being a party that is led by a person who has admitted to committing a crime. There is also the issue of equality before the law - that is what applies to Zuma must apply to others.

3. Amend the Constitution:

They canintroduce a law that prevents a sitting president from being prosecuted. The ANC will be accused of abusing its majority in Parliament to protect "a corrupt leader".

4.Apply for a permanent stay of prosecution:

Zuma's team will most probably use the principle of justice delayed is justice denied - accusing the NPA of having taken so long to build a case against him.

However, the defence will have to contend with the fact that it was not only the NPA that delayed the process. Zuma's lawyers have also made applications that delayed the case.

5.Opt for an alternative presidential candidate:

This will cause serious ructions within the ANC where the thrust has so far been to defend Zuma as the party's sole candidate.

The move could be beneficial to the country but costly to the ANC because it could cause internal divisions.


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