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Mbeki seeks to join prosecution appeal in Zuma case

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Former South African President Thabo Mbeki on Friday asked to be joined as amicus curiae to an appeal by the National Prosecuting Authority (NPA) challenging the dismissal of all fraud and corruption charges against Jacob Zuma, head of the ruling African National Congress (ANC). The South African Constitutional Court refused Wednesday to hear Mbeki's appeal. Mbeki had announced earlier Friday that he would appeal this decision to the South African Supreme Court. Charges against Zuma were dismissed because there was evidence of political interference in the decision by the NPA to bring the charges against Zuma. Mbeki contends that that decision violates his constitutional rights because it assumed he was guilty of interfering with an investigation without affording him a hearing on the allegation. From South Africa, the Citizen has more. The Mail and Guardian has additional local coverage. Zuma defeated Mbeki for the ANC leadership in party elections held in December 2007. He was ousted as the country's deputy president in 2005 after an aide was convicted of corruption. He was also charged with rape, but ultimately acquitted and reinstated as ANC deputy vice president. In late July, the South African Constitutional Court rejected a motion by Zuma to exclude evidence from the corruption trial. Zuma had argued that evidence seized in 2005 raids by the Directorate of Special Investigations should be thrown out because the raids violated his rights to privacy and a fair trial. The court upheld the validity of the warrants used in the raids, confirming a November 2007 decision by the South African Supreme Court of Appeal. The court also held that papers obtained by the Mauritius government believed to document meetings between Zuma and arms manufacturer Thint were also admissible. Zuma has been facing corruption allegations and other charges for several years. He was first charged with corruption in 2005, but those charges were later dismissed because prosecutors failed to follow proper procedures.

Full post as published by JURIST - The Paper Chase on November 14, 2008 (boomark / email).