Justice minister must make urgent decision on Nkandla charges: Maimane

Minister of Justice‚ Michael Masutha must urgently see to it that a decision is taken on the already concluded investigation into whether to prosecute President Jacob Zuma with regards to the Nkandla corruption scandal‚ the Democratic Alliance says.

Failing this‚ it will be left with no option but to approach a court of law to compel the National Prosecuting Authority (NPA) to make a decision‚ the party warned.on Monday evening.

The DA’s legal team wrote to the National Director of Public Prosecutions (NDPP) last week calling on him to furnish the DA with a decision on whether to prosecute or not prosecute Zuma‚ by no later than Monday.

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However‚ DA leader Mmusi Maimane said that in a responding letter‚ the Acting Special Director of Public Prosecutions‚ Adv M Govender‚ had refused to give a simple answer as to whether the President will be prosecuted or not‚ even though the completed investigation has been with the National Prosecuting Authority Authority (NPA) for almost two years now.

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Maimane added that the Minister of Police had stated in a reply to his Written Parliamentary Question that the investigation “has been concluded”‚ and that “the case docket was handed into the office of the NDPP on 21 August 2015‚ for a decision on prosecution”.

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But Adv Govender now claimed that further investigation is required before he can arrive at a decision.

“This is completely unacceptable and smacks of a justice system using every stalling tactic in the book to avoid prosecuting Jacob Zuma for his unlawful actions‚” Maimane charged‚ adding that the matter was straightforward.

“An investigation has been concluded‚ and the docket has been sent to the NPA. The role of the NPA is simple – it must decide to either prosecute Jacob Zuma or not prosecute Jacob Zuma.

“I will therefore be writing to the Minister of Justice‚ Michael Masutha‚ requesting that he urgently see to it that a decision on the already concluded investigation is taken‚ failing which the DA will be left with no option but to approach a court of law to compel the NPA to make a decision‚” Maimane said.

He said the “selective prosecution” on the part of the NPA was a violation of its duty to prosecute without fear‚ favour or prejudice.

“Mr Abrahams faces the simple task of doing his job by prosecuting any citizen who has a case to answer for‚ even if that person happens to be the Head of State.

“We will continue to fight this cause and ensure that justice prevails so that the Rule of Law takes its rightful place‚” Maimane asserted.