It's not up to Zuma to prove his innocence
 26/3/2009 8:17:23 AM


by Musa Xulu

I am neither a lawyer nor am I an expert on legal matters but one
thing I can do expertly is to read. I read with awe a very poor and
haphazardly written editorial by the Sunday Times newspaper’s chief
editor (Mondli Makhanya). In his opinion piece duped article, Mr
Makhanya claims that the duty is on Zuma to prove his guilt to the
courts. He thus echoes the same misguided sentiments as has been
expressed by the opposition parties. But I ask them, since when has
this duty been passed over to the accused because according the
Constitution of the Republic of South Africa, Act 108 of 1996 the duty
to prove guilt on an accused person rests with the state?

The very constitution which Mondli claims to know since he continually
makes reference to it but clearly doesn’t seem to know much about,
states further that guilt must be proved beyond reasonable doubt. I
wonder therefore as to why it is that an educated editor who is
supposed to have support from his legal desk and also be guided by
journalistic ethics before he runs a story would stoop so low as to
misrepresent the constitution of the republic.



After reading his entire diatribe, I realised that Mondli is either
dyslexic or he’s been mandated to misinform the public. This is the
only logical explanation or else he is blinded by hatred of the man
whose unstoppable ascendancy to the highest throne in the land he has
failed to halt despite numerous attempts to tarnish his image.

I am inclined to go with the worst case scenario and suggest that
there are sinister forces/elements that motivate him to deliberately
misread the constitution? To start with, Chapter 2 of the Bill of
Rights under Section 9 (3) states that, “the state may not unfairly
discriminate directly or indirectly against anyone on one or more
grounds …” Further to this, Section 12 (1) states that, “everyone has
the right to freedom and security of the person, which includes the
right

a) Not to be deprived of freedom arbitrarily or without just cause

e)  Not to be treated or punished in a cruel, inhuman or degrading way

Mr Makhanya and his newspaper have violated all these rights as
enshrined in the constitution with their falsehood and crusade,
slander plus scandalous articles over the past 9 years in their
attempt to sway public opinion on Zuma’s public standing, his
integrity and thus jeopardise his chances of succeeding Mbeki in all
respects.



Such has been their failure that instead of Zuma’s support waning, it
actually plummeted and this is what I suspect makes Mondli and his ilk
to become so desperate and live true to the adage, “desperate times
call for desperate measures”. The constitution, under Section 35 (3)
of the Bill of Rights, further and very unambiguously states that,

“Every accused person has a right to a fair trial, which includes the right

a)      To be informed of the charge with sufficient detail to answer it

c)   To a public trial before an ordinary court

d)      to have a trial begin and conclude without unreasonable delay

h)      to be presumed innocent, to remain silent and not to testify
during the proceedings

The state has clearly violated all the above rights to the extent that
we don’t think that Zuma will ever get a fair trial, whether he gets
an impartial judge or not. They (NPA) chose, for instance, to try Zuma
in a court of public opinion instead of a court of law after holding
the off-the-record-press-briefing.

The NPA investigated him for a long time without giving him a charge
sheet or indictment since when he was still holding a public office
but of grave concern is that sensitive information was being
continually leaked to the media throughout this ordeal to the effect
that Zuma was being investigated. They in the process dragged Zuma’s
name through the mud and the case was deliberately prolonged over a
nine year period without any sign that it would ever reach its
judicial conclusion.

Therefore, for Mondli Makhanya and others to suggest that Zuma has
been the one using every legal loophole or excuse available is not
only mischievous but also devious. He proved one thing though and that
is that he is a desperate man who is trying very hard to impress
whoever it is that is handling him.

In the same constitution, Section 35 (5) goes on to state that,
“Evidence obtained in a manner that violates any right in the Bill of
Rights must be excluded if the admission of that evidence would render
the trial unfair or otherwise be detrimental to the administration of
justice”

We all know of the infamous diary whose copies were obtained illegally
but which the state tried to legitimise by going to . The impending
trial is tainted with an irregular application of the law, as was the
case with the illegal raids where the client-attorney privilege was
violated for the first time in the history of South African law. Where
therefore does Mondli get his information to suggest that it was Zuma
who’s been “ducking and diving” in an effort to avoid facing up to the
criminal charges levelled against him?

It is a sad day when editors become pawns in a dirty political war
which they know nothing about but go to the extent of compromising the
little integrity they still have left. To the powers that be, please
expedite the implementation of the Media Appeals Tribunal so that
devious characters like Mondli Makhanya can be sanctioned for abusing
their offices. This tribunal is the only place where cases of abuse of
the freedom of speech can be resolved once and for all because we can
no longer accept having our intelligence being undermined by
journalists and/or editors just because they can or have a platform to
do so whilst censoring popular but differing views to their set
agenda.

On Thu, Mar 26, 2009 at 4:44 PM, Vusi Makamu (CF)
<[email protected]> wrote:
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