Quote of the week

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.

Khampepe j
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18
13 December 2006

Media neglect Constitutional Court

The Constitutional Court is the highest body of the third branch of government, but one would be hard-pressed to know this if one read some of our newspapers. The papers who obsessively report on the various government ministers, their trips abroad and their every irrelevant cliched utterance, seem to be a bit allergic to the work of the Court.

Yesterday the CC handed down judgment in an important case about refugee rights. The Business Day does report on this case but I find no mention of it in either Die Burger or the Cape Times. Maybe the less parochial papers in Johannesburg carried it?

Perhaps because the work done by the court is less sensational and not prone to the master narratives of corruption and incompetence associated with the legislature or executive, papers do not report on the work of the Court properly. It won’t sell newspapers. But how can we make informed choices about politics if we do not know what the third branch of government is doing?

I will blog tomorrow on my take of the latest decision.

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