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.
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
On the Public Protector again
The President explained that he deferred taking the action directed in the SARS Report because its lawfulness was being challenged and the question of whether he can take disciplinary action, absent an employment relationship, is yet to be decided. This was the correct approach by the President as it is in line with the decision in EFF I. The President has undertaken to act as directed, should the SARS Report withstand judicial review. The interim interdict serves an important purpose – it suspends the binding effect of the Public Protector’s remedial action until finalisation of the review proceedings. This is not an act that undermines the Public Protector. Rather, it preserves the interdict-applicant’s rights while showing due respect to the binding powers of the Public Protector.
