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.
Why then the gnashing of teeth when journalists commented on the Minister’s Health earlier in the week? Sometimes members of the government seem uncomfortable with operating in a country with a free press. Their insticts seem to deny anything they might perceive to be embarrassing and which they think there are not hard “objective” proof for.
What they do not understand is that in a democracy the press and us ordinary voters – if we are responsible citizens – take what government spokespersons say with a pinch of salt. This does not make us Afro-pessimists, just sane, sceptical people who do not trust power not to corrupt.