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
13 December 2012

But in townships and shack settlements, there are very real threats to freedom of speech — the pressure to conform comes not from the fear of ridicule but from the use of force by local power-holders. One feature of democracy here about which we rarely talk is the extent to which our residential areas are dominated by particular parties. The problem is not as great as it was in 1994, when parties won more than 90% of the vote in many areas, but it has not disappeared. For several reasons, this is far more of a problem in areas where the poor live: often political bosses hold sway and they do not take kindly to competition. They also often have links to local police. And so challenging power-holders in the areas where most citizens live is likely to bring far worse consequences than ridicule — it may mean a threat of violence, in some cases from the police. In these areas, criticising the government is indeed brave and independent. – Steven Friedman in Business Day

SHARE:     
BACK TO TOP
2015 Constitutionally Speaking | website created by Idea in a Forest