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
Section 27 on Komape judgment
While we welcome the structural interdict to provide adequate and safe sanitation for learners in the Limpopo Province, we are at the same time extremely disappointed that the suffering of the Komape family and the circumstances of Michael ‘s death has been insufficiently recognised and acknowledged. It is our view that this is a missed opportunity for developing the law in respect of constitutional damages. The failure to award damages in this case stands in contrast to the damages that were awarded by the retired Deputy Chief Justice Mosenke to the families of the Life Esidimeni victims for the callous treatment of the victims in that case.
