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Hunt is on to find a Zuma solution

Publish date: 18 July 2008
Issue Number: 2113
Diary: Legalbrief Today
Category: Corruption

There are four ways to solve ANC president Jacob Zuma's legal problems: a permanent stay of prosecution; a plea bargain; a 'political solution' whereby the NPA drops its case; or legislation that could provide Zuma with immunity.

A Financial Mail report says whichever way the case proceeds, it seems clear that Zuma's actual trial might not start for years. 'I don't see the case occurring even during his presidency,' says a close adviser. However, political analyst and academic Sipho Seepe believes the solution is to win a permanent stay of prosecution through the courts. Above all, he says, this is vital not so much to save Zuma's skin but to prevent further damage to democratic institutions - the prosecuting authority and the judiciary - which have been tainted in the process. 'The danger to democracy is not whether Zuma gets convicted, but whether the processes are seen to be fair and impartial. If they are not, then people will lose faith in the justice system.' For the Zuma camp, a plea bargain is definitely not a desirable option, though this is apparently being pursued by the NPA. According to the report, Zuma's legal representatives believe he has a strong enough chance of acquittal - if the stay of prosecution option or a political solution fails. If, after all this, Zuma faces charges while sitting as President, the 'Berlusconi option' of passing legislation to provide him with immunity from prosecution could come into play. Says the Zuma adviser: 'We could have a sitting President on trial and the legislature would have to decide how to deal with that. We have the Italian scenario, so legislation is an option and the merits and demerits would have to be debated.' Full Financial Mail report (subscription needed)

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