MEDIA STATEMENT

STATEMENT BY KWAZULU-NATAL MEC FOR TRANSPORT, S'BU NDEBELE, ON THE ELUSIVE PURSUIT OF JUSTICE IN KWAZULU-NATAL

Let me begin with a hypothetical case, which I hope will illustrate the issues in the allegations by one Nkuna, former special branch operative.

Let us imagine that there is a contest for the post of Judge President for the Province of KZN. Two candidates have emerged - one is Judge Shabalala and the other is Justice Booysen. The Judicial Service Commission is sitting within a week to make their recommendations.

Within that time, a witness is brought to court in Vryheid on a hit and run case.

She alleges that Judge Shabalala was involved in a hit and run case in which her ten year old son was hit by a car driven recklessly by the Judge. A terrible thing. This could still have been resolved had the judge stopped to help the child to hospital; the child would still be alive. However, the Judge was solely concerned with saving his reputation. The child died.

This evidence naturally hits the front pages of every newspaper. It is not humanly possible for the Judicial Services Commission not to be influenced by this story about one of their candidates.

But the Judge has a clear defence. It is simplicity itself. At that time, he is supposed to have been driving and knocking children in Vryheid, he was in fact presiding over a case in Port Shepstone, approximately 700 km away. To verify it is the simplest matter. Therefore, the witness is saying blatant lies.

The investigating officer is not interested in this. That someone is alive who can actually get up in court and say this Judge was involved in a hit and run case is very important to the investigating officer and that it should get reported because it is said under oath in court is crucial to him.

A court of law, an instrument to establish justice is then used to do the opposite; subvert justice by destroying the good name of innocent people.

What is more is that as the case progresses the Judge is never called to give evidence because what was said about him is so demonstrably untrue. Therefore, he never gets a chance to clear himself. He loses both ways.

Farfetched? Not in KwaZulu-Natal.

• From September 1998 to date, it was my colleague, Dr Zweli Mkhize. Banner headlines about his involvement in an assassination plot, have been the order of the day. To date he has not been afforded an opportunity to prove his innocence.

• Captain Mbhele and Director Eric Nkabinde - now Provincial Commissioner for Mpumalanga Province was falsely accused of defeating the ends of justice. The charges were timed to impact on promotion, which it did. Nkabinde is now provincial commissioner at Mpumalanga and Captain Mbhele is now a Superintendent.

• Mr John Mchunu, Deputy Chair of Exco and Deputy Regional Chairperson of the ANC - Durban West Region had similar trumped up charges against him. He was acquitted.

• Magistrate Ashwin Singh had his house raided and had tapes seized in which senior members of the Justice Department were referred to as arse-holes.

This is happening where none of us in government can explain several glaring cases:

1. The apparent Private Amnesty granted to Mr Philip Powell.
2. No arrests in the murder of Mr Bheki Mthembu the first MP to be killed in July 1998.
3. No arrests in the cases of more than 100 people in Richmond.
4. The numerous Nongoma murders.

Finally, how does one explain the selective use of Nkuna's allegations by the investigating officers and the prosecution?

Amongst many allegations, Nkuna alleges that the Premier, Mr Mtshali, MEC for Transport, S'bu Ndebele and Dr Zweli Mkhize were deeply involved in the plot to assassinate Mr Sikhonde to which they contributed money. This allegation is dismissed by the investigating officers and prosecution and correctly so. But when the same Nkuna makes outrageous allegations against Mr Ndebele and, of all people, His Majesty the King, it is accepted?

Let the courts be the tribune of justice and not a forum for peddling reckless defamatory and transparent lies.

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