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.
The powerful ideology that makes us talk about Israel’s right to defend itself, and not the Palestinians’ or the Lebanese, for that matter, is racism as the core element of the broader system of settler colonial racial capitalism that law has played a significant sole in creating and maintaining. If you condemn the killing of one kind of people but not another, what makes one grievable and not the other is centuries of coding done by the marker of race that serves settler colonial racial capitalism. What I am interested in is how such markers, ‘legal categorisations’ become ones that we identify ourselves with, and how those attachments solidify our attachment to law. They make it personal, as it were.
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