Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
The five judges of the Supreme Court of Appeal must feel rather embarrased this morning after Judge Hilary Squires informed us all that he never said that there was a generally corrupt relationship between Schabir Shaik and Jacob Zuma. But they would not be the first judges to make technical mistakes in a judgment and will definitely not be the last.
It is therefore absurd for Cosatu to call for the impeachment of the five judges involved. Nothing much turns on the use of this phrase and for the SCA judges to have used it, is at most a personal embarrasment for them.
Cosatu’s call is highly irresponsible. Because of the perceived short term political gain, they are castinga spersions on five judges of the highest court in non-constitutional matters. It is inevitable that their silly call will be beleived by some – especially Jacob Zuma supporters and this will undermine the legitimacy of the judiciary.
IT seems to suggest that Cosatu will do anything – even destroying the constitutional system – in order to get Zuma elected president. Once a principles and progressive organisation, they are becoming handmaidens of corruption.BACK TO TOP