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.
On the face of it this does not seem like a significant victory for the NPA in building a solid case against Mr Zuma because they already have a copy of the diary in dispute which was accepted as evidence in the Shaik trial. But maybe there are other documents among the one’s requested that we have not been told of and that will help the state.
In any case, it seems clear that Mr Zuma will be recharged by the NPA later this year and that he will therefore be a defendant in a criminal trial at the time of the ANC conference in Polokwane in December.