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.
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”.