Head of the private prosecuting unit, at lobby group, AfriForum, Advocate Gerrie Nel announced on Tuesday that it intends to privately prosecute the son of President Jacob Zuma, Duduzane Zuma on charges of culpable homicide.
Phumzile Dube died in February 2014 when Zuma’s Porsche collided with the taxi in which she was travelling in and although an inquest found Zuma’s negligent conduct led to the crash, the National Prosecuting Authority (NPA) decided to prosecute.
Nel tells Ray White, stand in host of the Midday Report that this prosecution isn't about the person but rather the principle.
When we launched this office in February we said we wanted to ensure the principle of equality before the law is upheld and to ensure there are no selective principles.— Advocate Gerrie Nel, Head of the private prosecuting unit, AfriForum
The NPA decided not to prosecute in August 2015 and the matter is ready for trial, so we thought this is the perfect matter to develop the law.— Advocate Gerrie Nel, Head of the private prosecuting unit, AfriForum
Nel goes on to say on Tuesday morning, together with the Dube family, they filed an application to prosecute Zuma.
He says when the police handed over the docket to the NPA in July 2014 they decided not to prosecute and referred the matter to the Randburg Magistrate Court for a formal inquest. The findings of the inquest were referred back to the NPA which took the decision in August 2015 not to prosecute.
Now the NPA has to decide to either reconsider their decision or issue a certificate of non-prosecution to the family because the family applied. Then on behalf of the family, prosecute the matter.— Advocate Gerrie Nel, Head of the private prosecuting unit, AfriForum
Nel explains that the NPA cannot stand in AfriForum's way in pursuing the prosecution because the family is within their rights to do so.
We want to test this perception that not all are equal before the law, says Nel.
Nel tells White that they now have to allow the NPA a reasonable amount of time for them to make a decision, giving them approximately a month to two.
Listen to the full interview in the audio clip below: