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Executive Member
President Thabo Mbeki hit back at his critics on Friday, saying "insults hurled" at him were not based on facts.
Mbeki denied "for the record" that he had any involvement in the decision by the National Prosecuting Authority to appeal against a ruling that the prosecution of ANC President Jacob Zuma was invalid.
"We would like to state, for the record, that the NDPP [National Directorate of Public Prosecutions] neither met nor communicated with the president or any official in the presidency before making its determination," the presidency said.
In a statement released to the media on the day that the ANC national executive committee starts a meeting to decide whether to remove Mbeki from office, he questioned the allegations levelled against him.
"Does the freedom of expression accord us the right to tell lies?" he asked through his spokesperson Mukoni Rat****anga.
"Does the constitutional right to freedom of expression, licence an assault on the constitutional right to the dignity of persons, a fundamental precept of the indigenous cultural value system of 'Ubuntu'?"
Mbeki has been in the firing line since Judge Chris Nicholson ruled last week that the decision to prosecute Zuma on fraud and corruption charges was invalid, a ruling that the NPA has decided to appeal.
Also in his judgment, Nicholson said he could not exclude the possibility of political interference in Zuma's prosecution.
ANC Youth League leader Julius Malema has publicly called for Mbeki to be removed from office after Nicholson's ruling.
Former judge Willem Heath, quoted in the weekly Mail & Guardian on Friday, has called for criminal charges to be brought against Mbeki and his former justice minister Penuell Maduna.
Mbeki said several "matters of concern" arose from the claim that he was involved in the NPA decision to appeal the ruling.
"They include... [that] no evidence has been provided by those making the claim."
Also, "the language that some of the proponents have employed is not only damaging to the integrity of the institution of the presidency and other organs of state, but is also injurious to the dignity and person of the president.
"The dignity of this office forbids that we quote any of the statements to which we refer. They are, as is well known, daily communicated through the public media," said Mbeki.
"Of grave concern is the growing tendency to hurl insults at organs of state and to present demeaning caricatures of public representatives, the young and in particular the elderly," said Mbeki.
"What kind of society are we building, informed by what value system and with what long term effect to the political and overall moral health of the nation?," asked Mbeki. - Sapa
Shilowa: Leave Mbeki alone
RAPULE TABANE - Sep 19 2008 09:57
Gauteng Premier Mbhazima Shilowa has reacted sharply to Judge Chris Nicholson's judgement in the Jacob Zuma case, saying it largely comprised the judge's personal opinions and warning that many ministers might leave the Cabinet if Thabo Mbeki is ousted as president.
Speaking exclusively to the Mail & Guardian, Shilowa -- a staunch Mbeki supporter and former Gauteng African National Congress (ANC) leader -- said he hoped Nicholson's views would not influence the ANC in deciding Mbeki's fate.
"Nicholson said things that aren't based on anything factual," he said. "I have no difficulty with him having an opinion, but you can't elevate an opinion to a fact.
The judgement was damning for Mbeki, he conceded, "but I am saying those pronouncements have no basis in law".
In particular, Shilowa said he did not understand why Nicholson saw fit to pronounce on whether Mbeki should have contested the ANC presidency at the party's Polokwane conference.
"What business is it of his to say Mbeki should not have contested because it was divisive?" he asked.
Shilowa said the judge had acted unfairly by drawing inferences about Mbeki, who was not part of the proceedings.
Nicholson had provided no proof that the president or his Cabinet were guilty of political interference in the prosecution of Zuma.
"He produced no evidence and tested no evidence. He says, as if it's a fact, that Cabinet must have discussed the JZ matter -- but where is the proof?
"Remember JZ was part of the Cabinet. How is it possible that such a situation could have arisen?"
Shilowa said he agreed with Zuma's view that it was unnecessary to remove Mbeki from the presidency.
"I just hope that when the ANC leadership discusses the issue they will separate facts from opinion. I personally don't think the judgement provides any basis to say the president must go."
Shilowa warned that forcing Mbeki out might have unintended consequences for the ANC.
"There may be people who'll say we might as well leave with him. That is not going to be good for the ANC or the country.
"The ANC itself has said it wants a smooth transition. That is why it placed Kgalema Motlanthe in the Cabinet."
He also questioned the risky mechanisms that would have to be followed.
"If you are going to impeach Mbeki you must say he violated the Constitution in this particular manner. You can't simply make statements -- you have to substantiate them. That means there would have to be a hearing where those who seek to impeach have to provide evidence and the president must go in front of Parliament to defend himself.
"Is that the kind of thing we want to go through? I think not."
A motion of no-confidence would divide the ANC "because there is no way you can assume that everyone in the ANC caucus will vote for that motion", Shilowa said.
"I think members of the executive will not vote for that motion. If you have a secret ballot others may not necessarily support it.
"You then have to team with Independent Democrats and the Democratic Alliance. To what end, when you could immediately move into elections and emerge with a unified ANC?"
Shilowa warned that a no-confidence motion was a high-risk strategy.
"I've read in the newspapers people saying you can use the Gordon Brown/Tony Blair option [where Mbeki would agree to step down].
"Read the Constitution: you will find there is no such thing. The Brown/Blair solution happens when things are done voluntarily and amicably.
Mbeki denied "for the record" that he had any involvement in the decision by the National Prosecuting Authority to appeal against a ruling that the prosecution of ANC President Jacob Zuma was invalid.
"We would like to state, for the record, that the NDPP [National Directorate of Public Prosecutions] neither met nor communicated with the president or any official in the presidency before making its determination," the presidency said.
In a statement released to the media on the day that the ANC national executive committee starts a meeting to decide whether to remove Mbeki from office, he questioned the allegations levelled against him.
"Does the freedom of expression accord us the right to tell lies?" he asked through his spokesperson Mukoni Rat****anga.
"Does the constitutional right to freedom of expression, licence an assault on the constitutional right to the dignity of persons, a fundamental precept of the indigenous cultural value system of 'Ubuntu'?"
Mbeki has been in the firing line since Judge Chris Nicholson ruled last week that the decision to prosecute Zuma on fraud and corruption charges was invalid, a ruling that the NPA has decided to appeal.
Also in his judgment, Nicholson said he could not exclude the possibility of political interference in Zuma's prosecution.
ANC Youth League leader Julius Malema has publicly called for Mbeki to be removed from office after Nicholson's ruling.
Former judge Willem Heath, quoted in the weekly Mail & Guardian on Friday, has called for criminal charges to be brought against Mbeki and his former justice minister Penuell Maduna.
Mbeki said several "matters of concern" arose from the claim that he was involved in the NPA decision to appeal the ruling.
"They include... [that] no evidence has been provided by those making the claim."
Also, "the language that some of the proponents have employed is not only damaging to the integrity of the institution of the presidency and other organs of state, but is also injurious to the dignity and person of the president.
"The dignity of this office forbids that we quote any of the statements to which we refer. They are, as is well known, daily communicated through the public media," said Mbeki.
"Of grave concern is the growing tendency to hurl insults at organs of state and to present demeaning caricatures of public representatives, the young and in particular the elderly," said Mbeki.
"What kind of society are we building, informed by what value system and with what long term effect to the political and overall moral health of the nation?," asked Mbeki. - Sapa
Shilowa: Leave Mbeki alone
RAPULE TABANE - Sep 19 2008 09:57
Gauteng Premier Mbhazima Shilowa has reacted sharply to Judge Chris Nicholson's judgement in the Jacob Zuma case, saying it largely comprised the judge's personal opinions and warning that many ministers might leave the Cabinet if Thabo Mbeki is ousted as president.
Speaking exclusively to the Mail & Guardian, Shilowa -- a staunch Mbeki supporter and former Gauteng African National Congress (ANC) leader -- said he hoped Nicholson's views would not influence the ANC in deciding Mbeki's fate.
"Nicholson said things that aren't based on anything factual," he said. "I have no difficulty with him having an opinion, but you can't elevate an opinion to a fact.
The judgement was damning for Mbeki, he conceded, "but I am saying those pronouncements have no basis in law".
In particular, Shilowa said he did not understand why Nicholson saw fit to pronounce on whether Mbeki should have contested the ANC presidency at the party's Polokwane conference.
"What business is it of his to say Mbeki should not have contested because it was divisive?" he asked.
Shilowa said the judge had acted unfairly by drawing inferences about Mbeki, who was not part of the proceedings.
Nicholson had provided no proof that the president or his Cabinet were guilty of political interference in the prosecution of Zuma.
"He produced no evidence and tested no evidence. He says, as if it's a fact, that Cabinet must have discussed the JZ matter -- but where is the proof?
"Remember JZ was part of the Cabinet. How is it possible that such a situation could have arisen?"
Shilowa said he agreed with Zuma's view that it was unnecessary to remove Mbeki from the presidency.
"I just hope that when the ANC leadership discusses the issue they will separate facts from opinion. I personally don't think the judgement provides any basis to say the president must go."
Shilowa warned that forcing Mbeki out might have unintended consequences for the ANC.
"There may be people who'll say we might as well leave with him. That is not going to be good for the ANC or the country.
"The ANC itself has said it wants a smooth transition. That is why it placed Kgalema Motlanthe in the Cabinet."
He also questioned the risky mechanisms that would have to be followed.
"If you are going to impeach Mbeki you must say he violated the Constitution in this particular manner. You can't simply make statements -- you have to substantiate them. That means there would have to be a hearing where those who seek to impeach have to provide evidence and the president must go in front of Parliament to defend himself.
"Is that the kind of thing we want to go through? I think not."
A motion of no-confidence would divide the ANC "because there is no way you can assume that everyone in the ANC caucus will vote for that motion", Shilowa said.
"I think members of the executive will not vote for that motion. If you have a secret ballot others may not necessarily support it.
"You then have to team with Independent Democrats and the Democratic Alliance. To what end, when you could immediately move into elections and emerge with a unified ANC?"
Shilowa warned that a no-confidence motion was a high-risk strategy.
"I've read in the newspapers people saying you can use the Gordon Brown/Tony Blair option [where Mbeki would agree to step down].
"Read the Constitution: you will find there is no such thing. The Brown/Blair solution happens when things are done voluntarily and amicably.