Wednesday, 15 February 2006
The South African Communist Party (SACP) welcomes the decision by the Durban High Court for the return of documents which were confiscated by the Scorpions during the raids at Cde Jacob Zuma?s homes and those of his lawyer Michael Hulley on 18 August 2005.
The SACP believes that this ruling vindicates our concerns and those of many other South Africans, including the legal fraternity, about the manner in which these raids were conducted, including the raiding of the
offices of the lawyers of Cde Zuma.
The SACP had, at the time of the raids, also expressed concerns about the wisdom and the intention of conducting raids after Cde Zuma had already been charged.
Whilst noting that the Scorpions and the National Prosecuting Authority intend appealing this judgement, we are however deeply disturbed about the meaning and possible implications of this judgement. The successive court judgements against the Scorpions are a serious blight on the behaviour of this institution. It does not build the confidence of our people for an institution which is supposed to be an upholder of the
law, to be successively found to have acted unlawfully. Our major concern is that this behaviour and judgements have the danger of undermining the confidence of our people in these institutions.
In addition such unlawful behaviour can now be effectively interpreted as posing a threat to the constitutional and individual rights of all South Africans and not just those of Cde Zuma.
In addition such judgements reinforce the widely held perception that Cde Zuma cannot after all this get a fair trial, and that his rights have been seriously prejudiced.
The SACP had also earlier raised the urgency of effective oversight over the Scorpions as provided for in the National Prosecuting Authority Act, such that they are accountable and their work is subject to scrutiny by
appropriate structures.
We therefore call upon government to move with speed in establishing the necessary oversight mechanisms over the Scorpions, mechanisms whose implementation is already and unacceptably long overdue. We also
reiterate the call we have made before for an urgent follow up and action by parliament and other relevant government institutions as per the recommendations of the Public Protector on the question of the
treatment of Cde Zuma, and those of the Hefer Commission.
Issued by: SACP
Contact:
Franscis Maleka
Spokesperson SACP
Tel: 011 339 3621/2
Fax: 011 339 3244/6880
Cell: 082 226 1802
Email: malesela@sacp.org.za
Web portal: www.sacp.org.za