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.
It was undeniably a bad week for police commisisoner Jackie Selebi, but I would contend that it might have been an even worse week for President Thabo Mbeki. And that says a lot about the dire political straits our President finds himself in
Of course, Selebi is in big trouble. Ironically it was all seemingly brought to a a head by his quite outrageous application for an interdict to prohibit the NPA from charging him with corruption. This application was (rightly) rejected by the Pretoria High Court and the NPA finally announced that Selebi will indeed be charged, providing salacious and damning allegations against the police chief.
The NPA must still prove beyond reasonable doubt that Selebi was corrupt in the criminal sense and we cannot assume that he is guilty of any crime, but even if only a small amount of the allegations made by the NPA against him are true as it surely must be, Selebi’s image has been for ever tarnished and he is not fit to sell second hand cars, let alone being the head of our police force.
He might never be proven criminally corrupt, but he sure seems like a slimy and morally corrupt person to me, asking for money from Agliotti and others to pay for his lavish lifestyle. I for one would not want to be his friend – finish and klaar.
Maybe it is the remnants of my Calvinist upbringing which taught us that hard work and more than a good dollop of suffering was the only way to build one’s character, and how one should be frugal with one’s money because “it did not grow on trees”, but the allegations about how Selebi blithely took money from now convicted criminals like Agliotti shocks me deeply.
It looks very much like he had an attitude that other people had to pay his bills (a bit like Mr Zuma, come to think of it) and seemingly saw nothing wrong with asking money from others to pay for all kinds of expenses he need not have incurred. And this is money he did not work for – unless of course the NPA is correct and he is indeed criminally liable and did work for his money by doing favours for the crooks.
But although Mr Selebi’s is facing serious charges for which he can be locked away for a very long time, the link between receiving money from crooks and him doing favours in return must still be proven in a court, and he therefore has a long legal road ahead before his freedom may potentially be taken from him.
For President Thabo Mbeki the damage to his reputation suffered this week is immediate and, I would think, irreparable. Recall that the President suspended Vusi Pikoli, the head of the NPA, three days after Pikoli had issued a warrant of arrest for Selebi, thus seemingly protecting Selebi and interfering in something he had no knowledge of (a bit like interfering in the medical debate around HIV and AIDS, come to think of it).
Recall also that our President had said that people should “trust him” on the Selebi issue and that he would only act against Selebi once people brought him proof of wrongdoing by the police chief.
But when President Mbeki suspended Mr Selebi, the NPA clearly had already assembled this case against him, a case so strong that a panel of independent experts have decided it is strong enough to proceed with prosecution. Mr Mbeki must have been informed of this, yet he suspended Pikoli and the presidential spokesperson darkly hinted that the allegations against the police chief was all part of a plot by dark forces to destabilise South Africa and that there was no case against Selebi.
Once again the President second guessed the experts based on conspiracy theories – sounds depressingly familiar, does it not.
At the time, many of us who held the line against the Zuma-camp who was alleging that the President was abusing state power to settle political scores were shocked by the suspension. It seemed to show quite clearly that when the President wanted to, he could act decisively and even illegally to try and prevent a prosecution – something he decidedly did not do when Mr Zuma was first charged.
It therefore strongly suggested that state institution have been or are being used to settle political scores and it fatally undermined President Mbeki’s credibility in his fight with Mr Jacob Zuma.
I for one also argued that the suspension of Mr Pikoli was unconstitutional and that the President was undermining the Constitution to achieve an as yet unclear purpose. (Was it merely loyalty to an old exile friend that once again clouded the President’s judgment and made him blunder like this? It would not be the first time, as anyone who knows the name Manto Tshabalala Msimang, could testify.)
Of course it is also clear now that – as I argued before – the terms of the Ginwala enquiry had no bearing on any legal reasons for which the President could actually fire Pikoli and that this was all a smokescreen to try and protect the police chief.
Now Mr Selebi is being charged, which means the President had not been succesful in his attempt to protect Selebi and the President is thus sitting with egg on his face. More like a giant omelette actually.
His suspension of Pikoli now clearly seems like a very stupid (not to say illegal, and destructive) thing to have done. It is hard to see why the Ginwala Comission is still going ahead with its enquiry when it is clear as daylight that the real reasons for his suspension have now been shown to be utterly wrong.
It all shows that President Mbeki is not always the clear eyed and wily political operator he is made out to be. This was the one thing we all agreed on – that President Mbeki could at least be respected because he was such a smooth political operator. Now even this has been taken away from him and his actions just look paranoid, hasty, high-handed and not thought through at all.
Maybe he thought he would be able to manipulate the acting head of the NPA but (I have to admit, to my surprise) this was not possible and the NPA stood up to the President and the police and suddenly has regained some of the credibility it have lost over the past months.
I cannot help feeling a bit of sympathy for our President who seems isolated and lonely and out of touch and who has clearly so badly miscalculated in this matter. It is so much easier to feel pity for a man when one does not think he is a brilliant Machiavallian master pulling the strings behind the scenes, but merely see him as yesterdays man with little political insight and savvy who cannot stop himself protecting old friends – no matter what.
Maybe it is time to write President Mbeki’s political obituary. Thabo Mbeki, R.I.P.BACK TO TOP