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.
The mere act of reporting accurately on the lives and experiences of black people constituted a political action during those decades of white minority rule. The indefatigable Henry Nxumalo, “Mr Drum” of the early 1950s, deliberately engineered a week’s imprisonment by violating some degrading curfew law and brought out a harrowing report on prison conditions. But rather than improve its prisons, the apartheid regime passed the Prisons Act, making it illegal to report on any South African prison — the law Gandar and Pogrund fell foul of. Yet imprisonment for breaking one or other of the hundreds of laws and ordinances that regulated the lives of black people was the experience of thousands in urban areas. – Pallo Jordan in Business Day
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