— 01/18/2008
MBEKI'S LIE ABOUT SELEBI
Paul Trewhela
Court papers filed by Selebi contradict President's denial

There is evidence that President Thabo Mbeki lied about his knowledge of allegations of criminal dealings by Jackie Selebi, the National Commissioner of Police, who is on extended leave while facing charges of corruption and fraud. Selebi was Mbeki's political comrade in the African National Congress in exile and recently resigned as president of Interpol. Mbeki appears to have gone to extreme lengths to block and disrupt the prosecution of Selebi by the Scorpions, the investigative wing of the National Prosecuting Authority. [See "'Mbeki's mad dash to save Seleb'" (18 January 2008 )]. The President’s legal adviser, Advocate Mojanku Gumbi, said this week that Mbeki had acted immediately when he learned that the National Prosecuting Authority (NPA) was ready to proceed with action against Selebi. On Saturday 12 January, Mbeki denied that anyone had provided him previously with information indicating wrongdoing on Selebi's part. He said: 'I have said this before, many times, that if there was anybody who has information that shows that National Commissioner Selebi has done wrong things, I would act on it. Nobody did, nobody came to me.' In court papers filed by Selebi himself the previous week, however, a letter written to Mbeki by suspended National Director of Public Prosecutions Vusi Pikoli showed that Mbeki had, in May 2007, been informed about the allegations against Selebi. (See here). Ms Gumbi could not explain how Selebi had obtained a copy. There are widespread suspicions that Pikoli was suspended by Mbeki as part of efforts to protect Selebi.
 
Mbeki must account to Parliament on Selebi - DA
President Mbeki should explain to Parliament why he is reluctant to reinstate Pikoli, the opposition Democratic Alliance (DA) has stated. Sandra Botha, parliamentary leader of the DA, said: 'President Mbeki needs to clarify his position on the DA's call for him to brief Parliament on his refusal to review his decision to suspend Advocate Vusi Pikoli. Evidence before the courts show that the president had already been informed by May 2007 by Advocate Vusi Pikoli that the NPA was investigating Selebi. This has cast new light on the president's suspension of Pikoli, which was ostensibly a result of his [Pikoli's] alleged failure to keep the government informed on the Selebi case.' Ms Botha said the impact on the country caused by Pikoli's suspension was such that Parliament should intervene. 'As a result of the impact that this situation is having on key state institutions, including the NPA, as well as the suspicions that it has cast over Mbeki's handling of specific events, Parliament not only has every right to call the president to account, but also every reason to do so,’ Ms Botha said.
 
New dimension to ANC campaign against Scorpions
The court papers filed by Selebi, indicating Mbeki's knowledge of allegations against him, despite Mbeki's subsequent denial, reveal the crucial status within the judicial process of the NPA and its investigative arm, the Scorpions. The NPA and the Scorpions are now the object of a powerful concerted drive by the National Working Committee of the ANC (its most senior body), the South African Communist Party, the Congress of South African Trade Unions and the ANC Youth League to break up the criminal justice system (under the pretext of 'reforming' it), so as to abort the forthcoming trial of the ANC president Zuma, on charges of corruption, racketeering, money laundering and fraud arising from the arms deal corruption scandal of 1998/99. Zuma is due to stand trial together with a South Africa-based company involved in the arms deal, Thint (Pty) Ltd, a derivative of the French arms company Thomson-CSF (also known as Thales International), a recipient of arms deal contracts. (Ironically, 'thint' in Zulu – ukuthinta – means 'to touch'). Investigation  and prosecution is in the hands of the NPA and the Scorpions.
 
Zuma supporters' argument collapses
Zuma's supporters have professed themselves to be outraged by Mbeki's suspension of Pikoli. Their principal charge against the judicial process in South Africa is an allegation that it has shown political bias against Zuma, which they allege has been orchestrated by Mbeki. This argument is neutered, however, by evidence of Mbeki’s lie about his not knowing of the NPA's allegations against Selebi and the revelations in the Mail&Guardian of his extreme personal involvement in efforts to shield Selebi from judicial process, including his suspension of Pikoli. The investigations by the NPA and the Scorpions of Zuma and Selebi involve completely different cases; but these cases cannot be uncoupled by selective accusations of prejudice. Zuma’s supporters cannot have it both ways. Mbeki's lie about the allegations against Selebi and his efforts to abort Selebi’s trial (including the arrest and apparent frame-up of Gerrie Nel, the leading Scorpions investigator in the Selebi affair) give the lie to accusations that the NPA and the Scorpions are a political instrument in Mbeki’s hands, and should therefore be disbanded. Zuma's trial must go ahead, just as must Selebi’s.
 
No selective 'justice'
Zuma supporters can show their integrity only by simultaneously joining with the DA in Parliament in holding President Mbeki to account for his suspension of Pikoli and by abandoning their campaign against the NPA in the matter of Zuma's prosecution. They cannot have one without the other. The ANC and its alliance supporters cannot argue for selective 'justice'. The Selebi affair is proof of the NPA's integrity in its prosecution of Zuma. There should be no further cover-up of any aspect relating to the arms deal, whether from the side of Mbeki or of Zuma. It is as improper for Zuma's supporters to attempt to shield him from prosecution by political interference in the judiciary as it was for Mbeki to shield Selebi. The truth must come out in court, for the good of South Africa's democracy - whoever stands tarnished as a result. There must be equal justice before the law, as equal for Zuma as Selebi. And for others, who have yet to be investigated.