Quote of the week

As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.

Khampepe J
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others (CCT 52/21) [2021] ZACC 28 (17 September 2021)
21 November 2006

Democracy can be such a bother

The problem with a constitutional democracy is, of course, that it provides people with a reasonable amount of freedom to do and say what they want.

In a democracy the pesky members of the media report on the improprieties of politicians (both the proven and rumoured variety) without having to fear imprisonment, assassination or closure of their newspaper.

If one is a politician – the President of the country or the head of the Police, say – living in a democracy can be quite a bother. Stuff reported in the media becomes part of the political reality and must be addressed, otherwise voters will inevitably assume that the media reports are correct.

President Thabo Mbeki does not seem to get this last point.

He is reported to have told religious leaders yesterday that they should trust him to do the right thing on Jackie Selebi and added that he did not want Selebi to be tried by the media.

If he has information clearing Mr Selebi’s name he should let us know what it is. He can call a press conference this afternoon and allow journalists to drill him, like they do in the UK and the USA.

By asking us to trust him because he knows best, President Mbeki is acting in a patronising and profoundly disrespectful way.

There is, of course, a vast difference between being convicted of a crime in a court of law, and merely acting in an unwise and suspicious manner. It is therefore disingenuous to say that Selebi is being tried by the media merely because the media is reporting on the fact that he is friends with an alleged mafia boss arrested for murder.

What the media is doing is fulfilling its appointed role in a democracy, namely to inform the public about important matters of national concern.

The Police Commissioner and the President are accountable to us – the people – and they therefore have a duty to respond openly and transparently to this new reality created by news reports. If they don’t, we have a right to assume that they have something to hide.

Yes, it’s a nuisance. Yes, it may tarnish Mr Selebi’s name. Yes, reporting can be sensationalistic. But that is the price to pay for a free press and a vibrant democracy.

Because we live in a democracy we do not have to trust our politicians. We have a right to demand answers and if those answers don’t come, we have a right to fire those in charge.

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