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.
Could it be that the president’s supporters do not want the courts to review and possibly set aside the decision of former director of public prosecutions Mokotedi Mpshe not to proceed with the prosecution of Zuma on charges of corruption? That appears not to be the kind of power they think courts should possess. Of course, they are free to criticise judgments they consider to be wrong, but that is a different matter to curtailing constitutional democracy, which rests on a principle of constitutional review. If that is not the reason for the recent moves, it is high time the country was told specifically what has motivated this call for a review. Without a clear explanation, the inference drawn in this column sadly becomes irresistible. Is it too much then to ask that the present chief justice enter the arena and defend the Constitution as it currently stands? –Serjeant at the Bar in the Mail & GuardianBACK TO TOP