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 sometimes find the hypocrisy in the white community quite astounding on these matters. The very same people calling for Jacob Zuma to be prosecuted for the sake of the rule of law or for Zimbabwe’s Robert Mugabe to be taken to The Hague turn around, without batting an eyelid, and plead forgiveness for Adriaan Vlok and Johann van der Merwe.
But where is the sense of justice for the families of Siphiwo Mthimkhulu and his comrades? Does this not reveal a certain callousness about black life if consideration is given only to the perpetrators.
I am not big on punishment, but if we are to have it then we must be evenhanded in its application.