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
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 & Guardian
