Quote of the week
Mr Zuma is no ordinary litigant. He is the former President of the Republic, who remains a public figure and continues to wield significant political influence, while acting as an example to his supporters… He has a great deal of power to incite others to similarly defy court orders because his actions and any consequences, or lack thereof, are being closely observed by the public. If his conduct is met with impunity, he will do significant damage to the rule of law. As this Court noted in Mamabolo, “[n]o one familiar with our history can be unaware of the very special need to preserve the integrity of the rule of law”. Mr Zuma is subject to the laws of the Republic. No person enjoys exclusion or exemption from the sovereignty of our laws… It would be antithetical to the value of accountability if those who once held high office are not bound by the law.
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
The JSC, in its answering affidavit sworn to by a member who is a senior advocate, refused to divulge the relevant facts by stating that it was the policy of the JSC ‘not to publish how members voted with regard to any particular decision’ and that ‘the JSC has never published the particulars of the vote with regard to the size of the majority and the way each member decided’. An evasive answer like this by senior counsel on behalf of a body like the JSC cannot be countenanced. It is the number of members who voted either way, not their identities, that is relevant. The JSC knew that this information was crucial for the determination of an issue legitimately raised and upon which the court would be required to adjudicate. Nor is this attitude of the JSC reconcilable with our constitutional democracy which values openness and transparency, and this is particularly so when regard is had to the constitutional functions and obligations of the JSC. – Supreme Court of Appeal in a judgment challenging the exclusion of the Western Cape Premier from a JSC hearing
