This blog deals with political and social issues in South Africa, mostly from the perspective of Constitutional Law. Written by Pierre de Vos
Quote of the week
February 7, 2012 | 8:59 amMalema is no innocent victim. But he has been punished for his role in expressing opinion, not in preventing others from having their say. He is punished for saying that Mbeki cares more about Africans than Zuma — not for storming a stage in 2010 to try to bully Justice Minister Jeff Radebe. He is sanctioned for remarks on Botswana that were crass and embarrassing but no threat to democracy in the ANC — not for driving his opponents out of a hall in Limpopo or ignoring a court order in the Eastern Cape. The message is clear: ANC members can bully and bend the rules, as long as they don’t criticise leaders or deviate from policy. This insistence that the problem is not unfair contest but contest itself will worsen the problem. – Steven Friedman in Business Day
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Thank you Prof.
Is this cartoon any better, or milder than the first? I think its actually worse, the only major difference is that we’ve seen something like it before. So, the shock value was the main issue and not the point made.
Weeell – lets see the responses after the Zuma supporters have recovered from their hang-overs due to their jubilant (but very hollow) victory in the NPD today.
Last kick of a dying horse.
This cartoon is disgusting and racist in nature….Sorry Zapiro maybe you can try creating another one 4 you ally (Thabo Mbeki)!! You a boring with your style-less cartoon!!!
Victor Mahlangu // Sep 12, 2008 at 4:01 pm
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Where is the racism in this cartoon?
Can’t you see yourself that this cartoon is insulting JZ?
So how does the fact that it insults JZ make it in any way at all racist?
Attorney, (Sne) are you still with me?
Prof I am one the few people shared the same sentiments with you about the first cartoon. How people don’t immediately see that Zapiro was and is still continuing to allude to Zuma’s rape trial is beyond me.
Bongani..what do you mean?
Victor Mahlangu // Sep 12, 2008 at 4:27 pm
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I rest my case… I thought you had facts from which you came to that conclusion…
Victor Mahlangu // Sep 12, 2008 at 4:21 pm
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In viewing that cartoon from a race point of view, people always fail or omit to have reference to Zapiro’s role in the struggle against Apartheid. I am not sure as to whether that is a matter of convenience or neglegence but they always forget to mention that. Secondly, in pulling the race card people tend to fail to notice the race of the people who are engaging in the potentian raping of the indepedence of the judiciary. If you were to take a closer look at the race of the people who are involved in making the independence of the judiciary an endangered, and at worst an extinct, species, you will realise that the cartoon had nothing to do with racism.
It was and remains a concise, precise, eloquent, etc. description of the effect of the conduct of the leaders in the cartoon which is calculated to undermine the independence of the judiciary.
For a full discussion of this quote visit:
http://constitutionallyspeaking.co.za/?p=659
It sems to me that poor Victor is a little brainwashed footsoldier of the ANC. Do not worry Victor, you have an estimated 70% of the electorate that agrees with you. Why does poking fun at people equal racism? I bet you were laughing at the cartoons Zapiro drew during Apartheid, or perhaps you were too young to remember. Yet you still hanker on and on and on and on….
Anonymouse a legal victory is a victory. Nothing hollow about it. No need to be spiritual abt it. Your prophecies were wrong. Zuma is a free man and thats the bottom line and thats why he pays your colleagues for! Viva msholozi. As for Zapiro let him draw Ariel Sharon in a Nazi suit raping a palestinian woman in a Jew graveyard on a Jewish holocaust Remembrance Day and then i will know that he is perceptive.
Why continue to debate Zapiro when he is already discredit. Nicholson J. did tell us today “WHO” is raping the judiciary.
Stalin – Yeah, but for how long? He is not yet absolved.
I think Jacob Zuma should mourn the loss of his chance to prove his innocence. After all, that’s what he’s been asking for all this time, isn’t it?
Shame that he now has to live with the unanswered accusations hanging over his head, and his tjommie Schaik still in jail.
But hopefully the NPA will simply re-charge him, do their job correctly (and timeously), and let Msholozi prove his innocence in a court of law.
Africa and the Zuma phenomenon
By Setumo Stone
As I was listening to Judge Nicholson deliver his verdict yesterday when he withdrew the corruption and fraud charges against Zuma, I nearly broke down into tears. It was a difficult feeling to explain maybe without exaggerating it, but nonetheless it was overwhelming.
It was very humbling, to hear a learned judge repeat everything that I have raised in some of my articles. Some of these views were at times attacked and ridiculed by those who held a contrary view. Those who dared raise similar views in the general South African media were demonized and labeled as illiterate thugs, hooligans and anarchists.
The long and short of it is that I “personally” felt vindicated.
Of course one has to admit that there is a very thin line between someone who “jealously” fights for the rights of an individual, and someone who subscribes to the cult of personality. While the former should be promoted in any self respecting democratic country, the latter is very dangerous and should be discouraged at all cost.
In fact, it wouldn’t be far-fetched to suggest that that the downfall of many promising African countries, was primarily because of an unhealthy adoption of the cult of personalities.
Jacob Zuma has been claiming since his charges were made public, that the case against him was politically motivated. He argued that the objective of these charges was only to serve the purpose on preventing him from becoming South Africa’s next president. On many occasions, Zuma and his supporters were challenged by his detractors to provide evidence; or else desist from claiming conspiracies.
Judge Nicholson said the following on Zuma’s claims of a political conspiracy:
“These allegations are a modern echo of what the French Cardinal Richelieu, Chief Minister of Louis Xlll, once said in the seventeenth century when he observed that in matters of state the weakest are always wrong….The great Greek historian Thucydides in the fifth century BC wrote that the question of justice only enters where the pressure of necessity is equal. He was cynical enough to aver that the powerful exact what they can, and the weak grant what they must”
Nicholson also went on to say:
“Whether the NDPP was influenced by the executive (read: President Thabo Mbeki) is not easy for the applicant to prove as that sort of knowledge would obviously lie with the NDPP. He would not, obviously, be privy to the oral or written instructions that the executive may have given to the prosecuting authority….When a party has peculiar knowledge of a fact he is not for that reason saddled with the burden of proving that fact: peculiar knowledge affects the quantum of evidence expected from the party but does not affect the incidence of the burden of proof. If such party fails to adduce evidence, in other words to transmit his or her knowledge to the court, the inference which is the least favorable to the party’s cause may be drawn from the proven facts.”
PS: A copy of the judgment could be downloaded on the following link: http://www.friendsofjz.co.za/documents/Nicholson%20judgement.pdf
With these words Nicholson concluded that given the circumstance and involvement of political players in this particular case (and the work of the National Prosecuting Authority in general) it would not be far-fetched to suggest that there is indeed a political conspiracy against Jacob Zuma.
One would after such a judgment, at least expect the South African media to be humbled and as such apologise to Jacob Zuma for all the insults they have laid on his head, including a latest cartoon depicting him as a “rapist” who is about to have his was with Lady Justicia (a Roman Goddess and a symbol of the judiciary).
But such an expectation exceeds our South African media. On the contrary, they ill continue with headlines like “Zuma wins BUT not off the hook”. Similarly, when Judge Hebert Msimang threw the case out of court in 2005, and when Zuma was acquitted of rape in 2006 the same “BUT” headlines were still dominating the front pages.
This brings me to another issue which hampers the development of Africa. I am of the view that the African middle class play a major role in the failures of the continent.
In my observation, the middle class in South Africa is far too removed from the ordinary people. While during the apartheid struggle the concept of “collective” survival was the order of the day, the quest for capital has reduced the SA middle class to subscribers of the notion of individualism.
From this particular mode of thought, emanates a belief among this middle class that democracy exists only to serve their “personal” wishes, and not that of the collective society. As a result, when a national event occurs which the middle class disagrees with, they cry that democracy is under attack.
These sentiments are echoed by Professor Sipho Seepe, when he wrote that “the haves believe that democracy exist only to protect them against the dirty, unwashed have nots”.
A Scottish philosopher, Alasdair MacIntyre, also wrote in 1976, that “Individualism is and has always been the doctrine of the most successful thieves in the community”.
The pursuit and idolisation of capitalist thuggery, is right at the heart of the rot which eats away the social conscience of the South African middle class. These include our journalists, commentators and media analysts, who have identified Zuma’s supporter as the “dirty, unwashed have nots” whom they need to be protected against.
I wish not to dwell on the agenda of anti-imperialism and so forth, primarily because it is sometimes used and advanced by the worst of dictators.
I will however suggest that it is time for the African child to identify himself/herself with a “just” cause within the society which he/she will be willing to guard, fight for and protect with jealousy. Only then, will Africans be able to give practical meaning to African Renaissance. I have identified my cause, guarded and fought for it jealously. I hope to soon see a rest in the violations of Jacob Zuma’s rights, so that I can move on to the next cause.
http://www.africanews.com/site/list_messages/20488
OK, so the court showed that indeed, there was a conspiracy against Zuma. And?
He still accepted millions of Rands from Schaik, he still did favours for Schaik in exchange for that money.
Yay, so the bringing up of charges against Zuma NOW were the result of political interference. Yes.
Zuma should have been charged right alongside Schaik. Why wasn’t he? Because he was still in Mbeki’s favour, and thus privy to the maatjie-protection. Thanks, Thabo.
The cartoon’s definately not racist. I’m no supporter of Mbeki, the guy was prepared to take this country the same route as Zim (when he dared to attempt a 3rd term in office)…
Zapiro is merely highlighting how Zuma was acquitted from both the rape and now the corruption charges. As black people, we need to move away from blaming apartheid and racism for any odd thing that makes us feel uneasy… that is so 90’s…
I salute Zapiro for not backing down and for using the same freedom that the likes of the honourable president of the ANC fought for.
I pity those of us, who, after 14years of democracy, still blame the past for everything. Oh yes, it (the past) cannot be erased, just like that, but we cannot remain stuck there. We need to move on. Let’s enjoy freedom of speech, choice, movement etc. Let’s refrain from selling ourselves short, by trying to win every argument with the racism card… Democracy is about choice, which inevitably leaves one or more party happy and another not so happy. The dude chose to air his views. Some may like it and others not. Nothing racist about that.
I think it is a great cartoon. Zapiro is clever.
Setumo Stone // Sep 13, 2008 at 8:23 am
“In fact, it wouldn’t be far-fetched to suggest that that the downfall of many promising African countries, was primarily because of an unhealthy adoption of the cult of personalities.”
I never thought I’d hear those words from a Zuma supporter. Democratic South Africa, of course, started off with a bang with the cult of a huge personality – Mandela. But at least he was one of those rare leaders, an altruist, not open to corruption.
We’re coming to the end of Mbeki’s no-personality period.
And now here comes Zuma, the epitome of cult leadership. Working his followers up into a froth by chanting slogans and war songs. Followed blindly by a bunch of hooligans like Malema wiling to ‘kill’ (figuratively of course) on his behalf, despite his being either foolish enough or corrupt enough (or both) to accept bribes from Shaik.
So, Seturmo, are you predicting the downfall of South Africa now that Zuma is set for presidency?
Martin,
Mbeki’s defeat in Polokwane was precisely aimed at saving us from the extreme cult of personality. The support for Zuma is about justice and principle, period.
Victor Mahlangu… you TRULY amaze me with your ignorance. Racism? are you joking? are you really that selfconcious about being black that you think everyone’s out to get you brecuase of your colour? You know i have lived in south africa for years and yet comments like yours never cease to amaze me.
Good on you Zapiro, i commend you! At least there’s a few people left in this country with eyes and a sense of right and wrong (and democracy for that matter)
I just read somewhere that the objectors were quick to point out that JZ was going to rape … not urinate…
The message is in the eye of the beholder…
My personal gripe is sexist;
I know it’s a classical representation of Justice – that she’s a woman – but in South Africa how many female justices do we actually have…?
Imagine the uproar if Justice has been depicted as a a man….. Whoa! Just imagine ….
Setumo
So now it an “extreme” cult of personality? I’m not a great fan of Mbeki, but I don’t think that he’s brought SA to its knees.
As for Zuma, we shall all have to wait and see. Yes, the SUPPORT might be about justice and principle (although much of it is simply violent and racist sloganeering – see Lindelani’s dispicable ranting about Xhosa people in an earlier blog entry, for example), but I am more concerned about how Zuma and his cronies actually conduct THEMSELVES when in power.
If Zuma and his supporters are truly about justice and principle, let him appear in court to defend himself against the charges of corruption instead of using every delaying tactic possible to avoid that particular case being heard. Forget the unprincipled behaviour of Mbeki and his justice ministers, let’s see Zuma clear his name so the people of SA can be happy they have a just and principled leader.
Setumo Stone – “As I was listening to Judge Nicholson deliver his verdict yesterday when he withdrew the corruption and fraud charges against Zuma …”
This just shows how little you know about the law. A judge (or a magistrate) does not have the authority (even an inherent one) to ‘withdraw’ charges against anyone (even if he is the president in waiting). A presiding officer may strike a matter off the roll (like Msimang has done); order a permanent stay of prosecution (which is highly unlikely in cases where the actions of the defence, like in this matter, has been the greatest reason for delaying justice); or, so it seems now, may order that a decision to proisecute is invalid for want of compliance with rules of procedure (even though these rules have been interpreted extensively without justification). But never, ever, has a presiding officer had the power to withdraw charges in a South African perspective. Moreover, the judge made it quite clear that, if the NPA gives poor JZ a ‘hearing’, and decides to proceed with the prosecution, this judgment will be of academic value only.
C’mon Anonymouse…
since when has this been a contest about technical terms in law…simple English tells me that the charges were declared invalid…i.e they no longer exist…i.e. they were withdrawn…i.e. Zuma does not ave a case to answer until the charges are re-instituted… Please bare in mind this is just plain English and NOT law…if there is a language called LAW!!!…
To put your worries at ease…YES…I know very little about the TECHNICAL JARGON in law…but the little I know is enough to tell me that at this point in time, Jacob Zuma is a free man…DOES YOUR LAW DENY THAT???
If there is anything destroying this country…it is the UNFOUNDED hatred people seem to adopt against people they HARDLY even know…
…by the way…isn’t re-instituted supposed to be re-instated…I hope it does not violate the language of LAW…let alone the language of English…
Setumo Stone
The fact that JZ took over the reigns from TM in Polokwane points to the people not being happy with TM and his ways and prefer the more of a “peoples person” JZ. In any country that is 100% as it is the choice of the majority. What irks me however is the fact that very undemocratic means are being employed by the followers of JZ to ensure he becomes President. The office of the President is one that needs to be devoid of ANY suspicion of any wrongdoing, TM has now been involved with dealings not ensuring that, but it does not mean JZ can use TM example to ascend the highest office. Why have we become so blunt to our leaders having to have the highest morals and behaviour??? As a peoples leader(JZ) I do not think we can ask for a more popular leader. But with all the questions hanging over JZ’s head wouldnt you say its better to clear the air before he becomes President? Last week some eastern president and his cabinet was removed from office for cooking a dish on national TV and being remunerated. Do we have another mindset just because we can or what would the reason be?
Setumo Stone // Sep 14, 2008 at 6:17 pm
“If there is anything destroying this country…it is the UNFOUNDED hatred people seem to adopt against people they HARDLY even know…”
I agree 100% with you there. There is far too much hatred and anger in this country, and far too little effort to understand other people.
Setumo Stone – I do not think that your using ‘re-instituted’ is so wrong. It would indicate the irony that, when the institution of the NPA was re-instituted (by Ngcuka resigning, to be re[placed by Pikoli; and by Pikoli's suspension, to be replaced by Mpshe [and a bunch of experts to advise him on the prosecution of both Selebi and JZ, mind you]; and if Mmpshe is again replaced by Pikoli or someone else), it would still be possible to re-instate prosecution if the guidelines of the judgment are followed. In such circumstances, it is not all that bizarre to use re-institution and re-instatement synonomously. Anyway, my posts have nothing to do with hatred, but with respect and disrespect. Respect is something that has to be earned, not attained through political majority.