It is necessary that the integrity of the electoral process be maintained. Indeed, the acceptance of the election as being free and fair depends upon that integrity. Elections must not only be free and fair but they must be perceived as being free and fair. Even-handedness in dealing with all political parties and candidates is crucial to that integrity and its perception by voters. The Commission must not be placed in a situation where it has to make ad hoc decisions about political parties and candidates who have not complied with the Act. The requirement that documents must be submitted to the local offices of the Commission does not undermine the right to vote and to stand for election. It simply gives effect to that right and underscores the decentralised and local nature of municipal elections.
We all know, of course, why Judge Motata appeared in chambers – it’s because he is more important than us and thus above the normal legal process to which especially poor people are subjected. If the senior prosecutor in this case is not disciplined by the Department of Justice for this scandalous actions, a great big stink should be made by all and sundry. If the Rule of Law (such as it might be) means anything, it means that no one is above the law and that all people – even judges – must be treated according to the same rules.
But because Judge Motata is a judge he was clearly given special treatment. This undermines respect for the law amongst ordinary people and ultimately undermines respect for our precious democracy. The fact that the prosecutor thought this was appropriate is particularly worrying seeing that he or she is supposed to be at the forefront of enforcing the law.
But then again, in a country where the previous Director of Public Prosecutions made a decision not to pursue a criminal case against Jacob Zuma because of his position as Deputy President of the country and the ANC, it is no wonder that lowly prosecutor thinks that high-ups should get special treatment.
The fact that Judge Motata played along in this disgraceful charade is just another black mark against his name. He, of all people – sworn to uphold the Constitution and the law – should know that no one deserves special treatment before the law and that in his position he has a responsibility to face the music in open court.