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.

Khampepe j
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
25 May 2012

Hamlet’s idea is to catch out his uncle Claudius, who has usurped the throne by killing Hamlet’s father. So the meta-theatrical prince devises a plan to have the murder acted out in front of the murderer: “guilty creatures sitting at a play”, he says, cannot tolerate it when their sins are portrayed to them by actors, and so they “proclaim their malefactions” — they are forced to confess. As expected, Claudius betrays himself through his outraged response to Hamlet’s play. He falls into the trap of mimesis, confusing the work of art for the real world, precisely because it aggravates his guilty conscience. Zuma and his allies, through their over-reaction to Murray’s art, are in fact acknowledging that there is some merit in its critique. Claudius calls off Hamlet’s play; Zuma wanted The Spear removed from the gallery; two “free radicals” pre-empted any court decision by defacing the painting. But although Zuma and his supporters have pretended to be offended by the artist, or may even have convinced themselves they are truly offended, like King Claudius they will soon privately admit: “O, my offence is rank — it smells to heaven!” – Chris Thurman in Business Day

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