The recommendation for criminal charges is particularly applicable to Mr Anoj Singh and Mr Koko, who by false pretences led Eskom, through the officials who processed the R659 million payment, to believe that the R659 million payment was in the nature of pre-payment for coal, as was the R1.68 billion pre-payment, later converted into a guarantee, when in truth and fact they knew that the prepayment and the guarantee were needed to enable the Guptas to complete and save the sale of share transaction.
Either Mr Zuma and his executive are being deliberately obtuse to obscure their real intentions and attitude towards the independence of the judiciary, the doctrine of the separation of powers and the supremacy of the constitution, or the Presidency is in desperate need of advice from an experienced constitutional lawyer. The latter possibility — that Mr Zuma simply does not “get” the constitutional democracy concept and has failed to surround himself with people who do — cannot be excluded, despite the fact that the political party he heads was the primary driver of the process that led to the writing of the constitution. That internationally acclaimed document’s main authors were, and remain, sympathetic towards the freedom struggle and the African National Congress’s (ANC’s) stated goal of transforming SA politically, economically and socially to shed the vestiges of apartheid. There is therefore no shortage of constitutional experts in the tripartite alliance who would be happy to provide guidance on such matters, yet senior party leaders keep making statements that appear to question the core principles on which our democracy is based, and the executive keeps acting in ways that leave the Constitutional Court no choice but to overturn its decisions. – Business Day editorialBACK TO TOP