ATTENTION NEWS EDITOR **IMPORTANT **
MEDIA RELEASE BY MR STEVE SWART, MP,
AFRICAN CHRISTIAN DEMOCRATIC PARTY
22nd May 2008
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SCORPIONS HEARINGS – ACDP questions involvement of MP's investigated by Scorpions;
commends input by National Prosecuting Authority.
Following the first day of public hearings into the future of the Scorpions, ACDP MP and spokesperson on justice matters, Steve Swart, is questioning the involvement of MP's investigated by Scorpions and commends input by National Prosecuting Authority:
"The ACDP raised various issues during the first day of public hearings into the future of the Scorpions. We are awaiting a ruling from the joint chairpersons as to whether Members of Parliament who have been or are being investigated by the Scorpions should sit on the Committees dealing with the very future of the unit investigating them. In our view there is a clear conflict of interest and such members should be excused from the Committees.
We also raised our concerns that the bills under consideration exclude prosecutors from the new Directorate for Priority Crime Investigation within the SAPS. The principle of constant prosecutorial oversight in investigations formed the cornerstone of the success of the Scorpions. This crucial aspect will be lost if the bills in their present form are accepted, and flies in the face of the State President's commitment earlier this year that the "continued involvement of the prosecuting authority will ensure that the operations of the [new]specialised unit are both prosecution and intelligence driven".
The most compelling submission was by the National Prosecuting Authority which, whilst committing itself to ensure that government policy is implemented as successfully as possible, stated unambiguously that the bills "fail to set out in a coherent fashion a legal rationale, legislative aim, reasonable objectives, and sufficiently underlying reasoning and explanations for their foundation."
This view supports the ACDP's submission, to be presented on Thursday that the Bills are inconsistent with the principle of legality in that they do not have a rationale connection to a legitimate government purpose, especially considering the high success rate of the Scorpions, are thus unconstitutional and liable to be set aside.
It is outrageous that the Scorpions are being disbanded, in our view to protect senior ANC members from investigation, particularly considering the escalating and highly complex nature of organised crime. We, as parliamentarians, must be mindful of the Khampepe Commission of Inquiry that concluded "it is inconceivable that the Legislature will see fit to repeal the provisions of the NPA Act that relate to the activities and location of the DSO."
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For more information, contact
Steve Swart MP,
083 285 6290
Released by Libby Norton,
ACDP Media Attaché,
Tel - 07 25 70 6361
lnorton@parliament.gov.za
Wednesday, August 6, 2008
ACDP questions involvement of MP's investigated by Scorpions
Tuesday, August 5, 2008
ACDP says the MKMVA warlike threats are highly irresponsible
MEDIA RELEASE
Rev Kenneth Meshoe, M.P. and President of the ACDP
African Christian Democratic Party.
5th August 2008
ACDP says the MKMVA warlike threats are highly irresponsible, dangerous and must be condemned in the strongest possible terms.
*Calls on Human Rights Commission to investigate these statements concerning Jacob Zuma that threaten South Africa’s constitutional democracy.
*Calls on ANC leadership to remember their commitment to rule of law and prevail upon their members to allow due process.
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Rev Kenneth Meshoe, MP and President of the ACDP, today said the latest threats demanding ANC President Jacob Zuma’s charges be dropped together with the threats by ANC members are highly irresponsible, dangerous and must be condemned in the strongest possible terms.
"The warlike statements of the Umkhonto we Sizwe Military Veteran's Associations (MKMVA) and some elements in the ANC regarding Mr Zuma, are clearly intended to intimidate the judiciary in order to get his case withdrawn. These threats are regrettable and totally unacceptable as they cause fear and alarm to the general public, to foreign investors as well as the international organizers and potential supporters of the 2010 Soccer World Cup.
Statements that have been credited to Deputy National Secretary of Umkhonto we Sizwe, Ramatuku Maphutha, such as “No Zuma, no country”, are highly irresponsible, dangerous and must be condemned in the strongest possible terms. If quoted correctly, Mr Maphutha must explain to the nation what he meant by “soldiers would be in the trenches awaiting order and would be ready to challenge the system if called to do so.”
The ACDP calls upon the Human Rights Commission to investigate these statements as they threaten our constitutional democracy implying that no other political leader within the ANC, let alone a leader outside of the ANC, will be acceptable to them.
The ANC has always spoken about their commitment to the rule of law and the independence of the judiciary that are entrenched in our constitution. We therefore appeal to the ANC leadership to prevail upon their members to allow the due process of law to take its course and the courts to function in a climate free of fear and political pressure. Constitutionally, no person or organ of state may interfere with functioning of the courts. We therefore expect the ANC to remind their members of this commitment and to ensure that their members do not label some court decisions as “arrogant” just because they do not agree with them.
The ACDP calls for peace and sanity to reign."
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For more information, contact
Rev Kenneth Meshoe, M.P. and President of the ACDP,
082 962 5884
Or
Ms Libby Norton
ACDP Press Attaché,
Parliament.
07 25 70 636l
lnorton@parliament.gov.za
