Regard must be had to the higher standard of conduct expected from public officials, and the number of falsehoods that have been put forward by the Public Protector in the course of the litigation. This conduct included the numerous “misstatements”, like misrepresenting, under oath, her reliance on evidence of economic experts in drawing up the report, failing to provide a complete record, ordered and indexed, so that the contents thereof could be determined, failing to disclose material meetings and then obfuscating the reasons for them and the reasons why they had not been previously disclosed, and generally failing to provide the court with a frank and candid account of her conduct in preparing the report. The punitive aspect of the costs order therefore stands.
I am not a great fan of Mr. Roberts and have written on this Blog about his unfortunate defamation case, but I suspect he is correct when he predicts that the liberal white establishment is going to pull the book to pieces for all the wrong reasons.
Myburg conclude his “review” as follows:
One oddity of the book is that very little of it is taken up with documenting and elucidating Mbeki’s own views, which do not seem to be of particular interest to the author. It is divided instead between “a theoretical dogfight in ideological outer space” (as Rian Malan put it) and vindictive attacks on Mbeki’s critics and opponents. At one stage Roberts writes (p. 125) that The Discourses by Niccolò Machiavelli’s are what really “illuminates Mbeki’s statesmanship.” Yet, in that work Machiavelli advised:
I hold it to be a proof of great prudence for men to abstain from threats and insulting words towards any one, for neither the one nor the other in any way diminishes the strength of the enemy; but the one makes him more cautious, and the other increases his hatred of you, and makes him more persevering in his efforts to injure you.
“It is the duty”, Machiavelli continued, “of every good general or chief of a republic, to use all proper means to prevent such insults and reproaches from being indulged in by citizens or soldiers.” This is advice the presidency has clearly chosen to ignore. By supporting this project, in the way that they did, the presidency were clearly hoping to buttress Mbeki’s position, both morally and politically. Yet they may find that this book – which manages to direct “harsh sarcasms” against so many different people – has precisely the opposite effect intended.