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 party has a responsibility to ensure that, in the process of seeking to transform both the state and society, the legitimacy of the state is not compromised. Whereas the party, through its government, exercises political authority over the State, the separation between the Party and the State is imperative. Given the character and nature of the ANC, contestation to influence and control the State is an ongoing struggle, whose outcome will partly be determined by the balance of forces, as well as the imperatives of what type of society and State, the ANC seeks to build. The ANC’s approach and orientation on the question of State Power and its use is well documented. The Strategy and Tactics document of the ANC, as adopted at the ANC’s 52nd National Conference held in Polokwane, is clear on what must be done. The challenge lies in our day to day experiences, wherein the ANC, its Alliance partners and its functionaries in and out of government, adopt different and at times conflicting postures towards the State and its Organs. The ANC fully embraces the doctrine of Separation of Powers as articulated in the Constitution of the Republic of South Africa. – ANC Gauteng discussion document
