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 have often wondered what gives President Thabo Mbeki special access to the experience of racism — access those of us who lived under the apartheid regime all those dark years somehow seem never to have had. Race has such a privileged space in the president’s thinking that no ordinary personal experience has any autonomy. The irony of this apparent radicalism is that black experience is always explained in terms of white experience. In this over-racialised framework, HIV/AIDS does not have any autonomy — it is white people who see black people as “germ carriers”.
In the same way, corruption does not have any autonomy — it is a figment of white people’s imagination. Crime does not have any autonomy — it is white people fixated on black people as the “swart gevaar”.