http://www.businessday.co.za/articles/C ... x?id=81815
Zuma rues ANC role in Transnet CEO saga
WYNDHAM HARTLEY
Parliamentary Editor
Published: 2009/09/18 06:12:51 AM
PRESIDENT Jacob Zuma distanced himself yesterday from his party’s support for suspended Transnet executive Siyabonga Gama’s bid to become CEO at the parastatal. “Whoever has made a statement in public, it is unfortunate,†Zuma told reporters at Tuynhuys in Cape Town. Zuma said appointing a successor to former Transnet CEO Maria Ramos was the responsibility of Public Enterprises Minister Barbara Hogan. Neither the president nor others should be seen to intervene. “I don’t think I need to comment. There is a minister dealing with the matter. I don’t think it helps to have a debate on this matter in public,†Zuma said.
Gama, CEO of Transnet Freight Rail, has gone to court to fight his suspension for alleged irregularities in two procurement contracts of more than R800m.
Justice Minister Jeff Radebe and Communications Minister Siphiwe Nyanda have supported Gama publicly. The African National Congress has said he remains its preferred candidate.
The South Gauteng High Court in Johannesburg postponed the Gama case yesterday until next Tuesday to give Transnet time to file affidavits.
Zuma also said that he was not above the law and if summoned to testify in a court he would. But he ducked the issue of whether a sitting president could be charged, saying he was not a lawyer.
Zuma was asked to respond to an affidavit before the North Gauteng High Court in Pretoria by his legal team, which says a sitting president cannot be charged. The court is considering a Democratic Alliance (DA) application for a review of the decision of the National Prosecuting Authority not to charge Zuma with corruption and fraud.
In court papers, Zuma’s lawyer, Michael Hulley, argued the DA had no legal standing to bring the application, the decision was not legally reviewable, the DA application was an abuse of process, and that it was not permissible to prosecute a sitting president in terms of SA’s constitutional scheme.
DA leader Helen Zille said Hulley’s reply contained “blatant untruthsâ€. “Most sinister of all, it undermines the constitution by falsely claiming that a sitting president is above the law,†she said.
Also yesterday, Zuma questioned the right of soldiers to belong to trade unions, saying this could put the country’s security at risk. “You can imagine SA being attacked and soldiers having grievances and going on strike.†Zuma said the labour grievances of members of the SANDF had to be resolved by the planned military service commission. With Franny Rabkin and Sapa.