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.
It is disturbing that Ms Mkhwebane did not respond personally to numerous accusations made attacking the integrity of her investigation. An explanation was undeniably called for and, as I have said, she was the only person who could respond to these accusations. The effect is that the allegations of bad faith, of failing to apply her mind and of acting with an ulterior motive remain uncontested. investigation of offences under POCA was not within her competence. Her failure to provide any explanation for her signing two different reports is disturbing and gives credence to the charge that she did not apply her mind to content.
BACK TO TOP