Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
28 September 2007

Speak to us Mr President

The rumours, counter-rumours and newspaper leaks about the suspension of the National Director of Public Prosecutions (NDPP) and the alleged warrant of arrest issued for Police Commissioner Jackie Selebi, is deeply damaging to our democracy. If it is all true, it would mean that the President had illegally and unconstitutionally suspended the NDPP to protect the Police Commissioner. This would be a blanant abuse of power and also illegal.

This is such a grave charge that one should be careful to make it. In the past President Mbeki has always formally shown great respect for the Constitution and the law and one should not assume that he has abused his power. If it were to be true it would constitute a grave constitutional crisis because the President would have interfered with the working of the prosecuting authority and would have prevented it from exercising its powers “without fear favour or prejudice” as guaranteed by the Constitution.

It is therefore absolutely imperitave that the the President speaks to the nation immediately to dispell these ugly rumours. Every day that he allows the rumours to swirl, is a day in which we are forced to come closer to the conclusion that our President is not a true constitutionalist and that he would be prepared to abuse his power to interfere with the workings of the criminal justice system. This would confirm all the conspiracy theories bandied about by the Zuma supporters and could easily set us on a very dangerous path towards disrespect for the Rule of Law.

If the rumours are all untrue and the President assures us accordingly, then the harm could be minimised. If he fails to dispell the rumours, then he would at best have shown utter contempt for both us, the electorate, and the constitution which requires him to uphold and protect its provisions. His silence is undermining the constitution and our respect of it.

As I am out of the country (in Amsterdam) I might be missing something – why are people not more upset, toyi-toying in the streets, storming Parliament? – but it seems to me the continuous rumours is a real disaster and a real crisis for our young democracy. It is poisoning our political system and may do it irreparable harm because it will make us distrust our leaders and the system. If our Presidnet cannot see this, or if he thinks that he does not have to deal with it, he is not worth the name of President.

Speak to us, Mr President. We voted you into office and you owe us an explanation.

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