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.
I obviously don’t know whether in fact there is a plan to slap Ramaphosa aside, say after he has helped the ANC to victory in 2014. However, I would be entirely unsurprised; just as I would be unsurprised if we are witnessing such a “slapping aside” of Zwelinzima Vavi. What do Zuma, Zuma and Sisulu have in common that they don’t share with Vavi and Ramaphosa? The first three were immersed in the exile and prison culture of the ANC, of the bitter war of survival, where myriad decisions were made in the deepest secrecy and then defended with one’s life and sometimes with the lives of others. These were decisions of war councils and political military committees and often dealt in life and death, and routinely involved breaking many laws that had nothing do with Apartheid and political repression. When you have stood together in such an enterprise and never baulked and you’ve kept the faith – you might be trusted with the undoubtedly distasteful task of keeping ex-president Jacob Zuma safe from prosecution – “For the Movement comrade, for our country”. – Nic Borain
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