Quote of the week

The judgments are replete with the findings of dishonesty and mala fides against Major General Ntlemeza. These were judicial pronouncements. They therefore constitute direct evidence that Major General Ntlemeza lacks the requisite honesty, integrity and conscientiousness to occupy the position of any public office, not to mention an office as more important as that of the National Head of the DPCI, where independence, honesty and integrity are paramount to qualities. Currently no appeal lies against the findings of dishonesty and impropriety made by the Court in the judgments. Accordingly, such serious findings of fact in relation to Major General Ntlemeza, which go directly to Major General Ntlemeza’s trustworthiness, his honesty and integrity, are definitive. Until such findings are appealed against successfully they shall remain as a lapidary against Lieutenant General Ntlemeza.

Mabuse J
Helen Suzman Foundation and Another v Minister of Police and Others
21 September 2008

The President speaks….

President Thabo Mbeki’s speech to the nation tonight was both dignified and Presidential. But as is often the case with his Presidential speeches he did not really say anything new or earth shattering.

However, in an oblique way the speech seemed to reply to his critics and offer a defense of his tenure as President. For me it was telling that the President said that “all our citizens must respect the Rule of Law and Human Rights”. The President also spoke about the need for moral regeneration and the need to respect the value system of ubuntu which means “we must all act in the manner that respect the dignity of every human being”.

This seems like a very vague kind of criticism of Jacob Zuma and some of his supporters and perhaps it expresses – indirectly at least – a view that President Mbeki was not treated fairly by the ANC. It is of course ironic that this was exactly the complaint lodged by Jacob Zuma and his supporters after he was fired by Mbeki and charged by the NPA.

This kind of argument seems to me misplaced and not in line with the principles of openness and accountability. As the Constitutional Court has said before, when a person is accused of wrongdoing his or her dignity will inevitably be affected. No one has a right not to be accused so to argue that everyone must always be treated with dignity can be viewed as a plea for impunity.

When he spoke about the Nicholson judgment it is striking that he prefaced his remarks with the statement that his government has always respected and defended the independence of the judiciary.- even when the executive had strong views about cases.

He also denied that he or the executive had ever interfered with or compromised the rights of the NPA to decide who to prosecute or not to prosecute and categorically stated that this also applied to the “painful matter” of the prosecution of Jacob Zuma. I wonder what the Zuma people will say about that.

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