An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
News that Juliette Radebe-Khumalo, the Mayor of Lekwa Municipality in Mpumalanga, and her executive councilors were fired after meetings with an ANC delegation yesterday must come as a welcome surprise to all of us. The residents of Sakhile sure seem happy. As The Times report:
Following the announcement that Radebe-Khumalo and the entire executive committee has been axed, jubilant crowds gathered outside the city hall. Sakhile residents sang, blew vuvuzelas and popped champagne bottles in celebration. “Bye bye, Juliette Radebe-Khumalo. We have told you it has always been coming,” they sang. Residents had called for Radebe-Khumalo’s head months ago, saying a municipal finance report showed R30-million in municipal funds that could not be accounted for.
The one person who might feel aggrieved is Radebe-Khumalo. How could she have known that the disappearance of a paltry R30-million would prompt the ANC to act against her? It is not as if this is a common occurrence. If she had followed the ten year saga around the arms deal scandal – also fresh in the news (again!) – she might have been forgiven for thinking that the alleged theft of R30 million would not raise an eyebrow.
It seems to me the kind of unhappiness expressed by the Sakhile residents and by residents elsewhere in South Africa about poor service delivery resulting from nepotism and corruption can at least partly be blamed on the arms deal and the cover up of the corruption associated with the arms deal. Few have been left untainted by the arms deal scandal – including the NPA, former President Thabo Mbeki, current President Jacob Zuma, Trevor Manuel, Jeff Radebe, and Mosieu Lekota.
The arms deal and the way allegations about corruption in the arms deal was dealt with (or not dealt with), established the template later followed by many ANC politicians who thought that if Manuel, Modise, Lekota and Mbeki would not be held accountable, they also would escape any censure for nepotism and corruption. We are, after all, all innocent until proven guilty. There are many good people in the ANC, but only a few of them spoke up when it became clear that the arms deal was riddled with corruption. Many others actively supported the cover up. The question should be asked why they did not follow their conscience but remained sthum.
Back in 2001 then President Mbeki set the ball rolling when he announced that a formal legal opinion by the Attorney-General of the Western Cape, Adv Frank Kahn SC and the SIU’s own senior legal advisor, Adv Jan Lubbe SC, confirmed that no prima facie evidence of unlawful conducted existed concerning the Arms Deal. The truth was exactly the opposite as the two gentlemen had stated in their report to Mbeki:
[T]here are sufficient grounds in terms of the Special Investigating Units and Special Tribunals Act No 74 of 1996, for a special investigating unit to conduct an investigation, and, in our opinion, such an investigation is warranted.
And yesterday the DA released a damning report in which it provides further convincing evidence that the joint investigation arms deal report was doctored. Comparing a draft report with the final report, researchers demonstrate that:
If one reads this report, it is very difficult not to conclude that the final arms deal report was a complete white-wash and that it was fundamentally changed after interference by Mbeki, Manuel and Lekota. Maybe now that many of those involved in the white-wash are out in the political cold winds and the new Zuma administration is trying to show that it is different from the Mbeki lot, the ANC will finally lance this boil and will come clean about the obvious corruption linked to the arms deal and the blatant cover up of that corruption.
If they do that many of us ordinary citizens will see the sacking of mayor Radebe-Khumalo as only the start of a wonderful new beginning. We will praise the ANC for returning to the values it held so dearly before taking power and before some of its members were corrupted by the old business elites – to the detriment of the poor and downtrodden in whose name it fought the struggle.BACK TO TOP