Although Thabo Mbeki’s resignation from the Presidency of the Republic did not make front page news the world around, it has still left some improbability in the minds of investors. And, as Thabo Mbeki could no longer attend what would have been his ninth annual United Nations General Assembly, Foreign Minister Nkosazana Dlamini-Zuma was present. Word has it that Minister of Finance Trevor Manuel also attended proceedings.
At the inception of the assembly, Ghanian President John Kufuor told the gathering, which included several heads of state: "I take the chair at the invitation of the UN secretary-general in place of my colleague and friend, Thabo Mbeki of South Africa, who should have been here but for matters of state. We all know the role President Mbeki has been playing on the continent of Africa, and indeed on the international scene, during the past decade. He is one of the main architects of the African Union and a key initiator of … the New Partnership for African Development."
Among other things hitting headlines last night and early this morning is the resignations of three ministers of the Cabinet. Following Mbeki’s decision to resign from the Presidency, it was rumoured that Deputy President Phumzile Mlambo-Ngcuka (ANC) would also follow. This is now true, along with the resignation of Azapo President and Science and Technology Minister Mosibudi Mangena (non-ANC) and Minister in the Presidency Essop Pahad (ANC) who’s resignation will take place the same day as Mbeki’s.
According to an official more than 40 percent of Cabinet ministers at the time of hearing Mbeki’s resignation were ready to go until Mbeki asked them not to.
Further to this, the President has decided to take action by submitting a right to appeal to the Constitutional Court yesterday for the allegations made by Judge Nicholson claiming aspects of the ruling that set aside ANC president Jacob Zuma's prosecution and also indicating the executive had interfered with the work of the NPA, finally leading to his political downfall as President.
In papers filed at the Constitutional Court and served to Zuma and acting prosecuting head Mokotedi Mpshe yesterday, Mbeki states: "It is unfair and unjust for me to be judged and condemned on the basis of the findings in the Zuma matter. The interests of justice, in my respectful submission, would demand that the matter be rectified."
Mbeki claims that Judge Nicholson's multiple and "vexatious, scandalous and prejudicial" findings against him had effectively cost him his job, and damaged his good name and reputation, without the judge, or "most importantly the general public", ever hearing his side of the story.
This, Mbeki says, is a clear violation of his constitutional rights and those of current and former justice ministers Brigitte Mabandla and Penuell Maduna respectively, who Judge Nicholson suggested had improperly interfered with the National Prosecuting Authority's work.
"These adverse findings have led to my being recalled by my political party, the ANC - a request I have acceded to as a committed and loyal member of the ANC for the past 52 years, much as the untested allegations relied on by (Judge Nicholson) have already caused irreparable harm to my integrity and to the standing of the office I occupy... I fear that if not rectified, I might suffer further prejudice," he said.
Mbeki, who has gone to the Constitutional Court in both his personal and official capacity, has asked that Judge Nicholson's findings be declared unconstitutional and set aside.
"I deny all the allegations against me and also dispute the truth and correctness of the 'findings'... The findings do not only suggest that I have acted improperly or without integrity, all of which are injurious to my good name, reputation and my right to human dignity... but also go further in that they in effect say that I have failed to fulfil the constitutional obligation to uphold and respect the constitution as the supreme law of the Republic."
Pointing out that Zuma's application before the Pietermaritzburg High Court was mainly concerned with the NPA's failure to seek his representations before recharging him, Mbeki said it was "not necessary" for the judge "to make the findings I am appealing against".
If Judge Nicholson was of the view that "the serious and defamatory allegations pertaining to me" were relevant to Zuma's application, Mbeki argued, the judge should have asked for him to be formally cited as a party in the case.
Mbeki is disputing the following findings made by Judge Nicholson:
• That his decision to dismiss Zuma was "unfair and unjust".
• That there was a "political struggle or rivalry" between himself and Zuma that impacted on the judge's ruling on Zuma's application.
• That his decision to stand for re-election as party president at the Polokwane conference was "controversial and not in accordance with the Westminster system we espouse in this country".
• That former prosecuting head Bulelani Ngcuka's decision not to prosecute Zuma was politically driven.
• That the various meetings between the director-general in the Presidency, Frank Chikane, and the NPA regarding the arms deal must have related to the Presidency's complicity in the charges against Zuma.
• That there was political interference at the time that Mpshe decided to reinstitute the prosecution against Zuma, and it seemed that "the issuing of the warrants against (National Police Commissioner Jackie) Selebi was not palatable to the president, but the decision to prosecute (Zuma) was".
• That the actions taken by Maduna and Mabandla, in interfering with the prosecutorial independence of the NPA, are the responsibility of the president and the entire cabinet.
Source: www.iol.co.za
As it stands, South Africa is experiencing political uncertainty. One can but only hope that these matters are dealt with correctly, constitutionally and respectfully. I'll keep you posted.
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