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.
According to ANC sources Lekota also made a decisive intervention at the ANC caucus meeting last Monday during the debate about the Bill, telling those members of the caucus who oppose same sex marriage that they had no choice but to support the Civil Union Bill. Same-sex marriage was a matter of discrimination, not of conscience, and the ANC had always been against discrimination of any kind.
The reason for this support stems from Lekota’s days as a Delmas treason trialist in the late eighties. One of his co-accused was Simon Nkoli who came out of the closet to his comarades during the trial. This action and the debates it inspired (they had lots of time to debate in those Delmas prison cells) prompted UDF leaders such as co-defendants Popo Molefe and Patrick Lekota to recognize homophobia as a form of oppression. Nkoli tragically died of Aids related ilness in 1998.
It just goes to show how people can change their view once confronted with a real life homosexual/black person/American. I will drink a glass of wine in honour of Nkoli tonight. Without him, and without people like Lekota who saw the link between various kinds of oppression, the Civil Union Bill would not have been possible. Neither would our progressive Constitution.