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
Mogalakwena municipality in Mokopane, Limpopo, is facing legal action over the re-instatement of a senior official who was dismissed after being found guilty on several charges. A report in the Sowetan says this follows allegations that the decision to re-instate the official was done on instruction of the ANC. The council has been dragged to the North Gauteng High Court over the reinstatement following allegations that the official was found guilty on 26 different charges. The papers filed with the court by Mahwelereng civic leader Piet Pale show that the ANC in the Waterberg region wrote to Mayor Esther Mothibi, instructing her to convene a special council meeting to reverse the disciplinary hearing’s findings and re-instate municipal director for corporate services, Henry Thobejane. Pale seeks an order to set aside the resolution by the council to re-instate Thobejane because ‘it fails to pass the test of rationality and reasonableness’. Thobejane was charged with, among others, fraud, theft, gross dishonesty, dereliction of duties, unofficial removal of official documents and destroying official information, financial misconduct and failure to carry out lawful instructions. The hearing, chaired by Advocate AP Laka, found him guilty on all 26 charges and recommended that he be dismissed with immediate effect. – Legalbriefs
