Quote of the week

Excluding refugees from the right to work as private security providers simply because they are refugees will inevitably foster a climate of xenophobia which will be harmful to refugees and inconsistent with the overall vision of our Constitution. As a group that is by definition vulnerable, the impact of discrimination of this sort can be damaging in a significant way. In reaching this conclusion it is important to bear in mind that it is not only the social stigma which may result from such discrimination, but also the material impact that it may have on refugees.

Mokgoro J and O’Regan J (dissenting)
Union of Refugee Women and Others v Director, Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23
14 January 2009

Where to now for Mr Zuma, legally speaking?

Here is my take, published on News24, trying to answer this question. Money qoute:

If Mr Zuma therefore has a strong case to answer (as he clearly has – even Bulelani Ngcuka said so when he declined to prosecute Mr Zuma), it would be irrelevant if that case was only brought to court for political reasons. Mr Zuma’s best bet now is to argue that the case has dragged on so long and the reporting in the media has so tainted the minds of every judge in South Africa that it would be impossible for any judge to hear such a case with an open mind and afford Mr Zuma a fair trial.

That is an extremely high hurdle to overcome and few judges would grant such an application. But Mr Zuma does have another ace up his sleeve. If Parliament confirms the firing of the NDPP, Mr Vusi Pikoli, and if President Motlanthe then appoints, shall we say, a more disciplined member of the ANC as head of the NPA, the “political solution” to his legal troubles might yet be found.

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