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 African Court of Human and Peoples’ Rights is far from being a reality, Transvaal Judge President Bernard Ngoepe said on Tuesday. According to iafrica website the Court will only be up and running towards the end of the year:
“The court only exists on paper,” said Ngoepe, who is one of the 11 judges from all over Africa sworn in July last year to serve on the court. “There are no premises, no staff, nothing. We had to start from scratch with the budget, which is time consuming,” he said at an Institute of Security Studies seminar in Pretoria.
The interesting question is what is going to happen once the Court starts hearing cases and begins to enforce the African Charter on Human and Peoples’ Rights. What happens if that court, for example, hears a case from Doctors for Life about South Africa’s abortion law or the same-sex marriage law?