29 July 2003
Along with many other South Africans, the SACP has been following recent developments and public statements around the Scorpions investigation into the arms deal with growing concern. There are a number of very important principles that need to be observed and balanced against each other. These include the fact that no-one is above the law; but no-one is guilty until so proven. As much as the media may have an important investigative role, but this should be balanced with the need for an effective and fair investigation process. Also important is the individuals’ rights which can be seriously impaired by indiscriminate leaking and publication of information. There are several ways in which we can undermine our new democracy – if we place some in authority above the law, certainly; but also, if we treat important institutions cavalierly; or if we allow senior officials to engage each other in extremely personalised, and seemingly factionalised ways.
For these reasons, the SACP condemns the leaking of questions sent by the Scorpions to the Deputy President in the strongest possible terms. No matter who leaked the questions, the leaking is tantamount to trial by the media. The SACP calls on all, particularly institutions entrusted with the implementation of due process of law, to equally condemn such leakages and trial by the media, irrespective of who leaked such information.
The SACP is of the view that the focus must be on bringing this whole matter to speedy finalisation through appropriate legal channels. The SACP strongly rejects the practice of trying anybody through the media. We are particularly concerned that this has tended to be the norm when it comes to prominent political figures. If this practice is not halted, the due process of law will be undermined. Much as political figures are accountable to the public, they are also protected by the constitution and its Bill of Rights like anybody else.
The SACP has no intention of interfering with or judging the merits or demerits of whatever case there might be against the Deputy President. However we are of the view that this must be left to the justice system, and the sooner any allegations against the Deputy President are finalised through proper legal processes, and not the media, the better.
Mazibuko K. Jara (surname Jara)
Department of Media, Information & Publicity
South African Communist Party
3rd Floor, COSATU House, 1-5 Leyds Street
Braamfontein, 2017, Republic of South Africa
Tel: 27 11 339-3621/2, Fax: 27 11 339-4244,Cell: 083 651 0271
Email - mazibuko@sacp.org.za