An ‘important purpose of section 34 [of the Constitution] is to guarantee the protection of the judicial process to persons who have disputes that can be resolved by law’ and that the right of access to court is ‘foundational to the stability of an orderly society. It ensures the peaceful, regulated and institutionalised mechanisms to resolve disputes, without resorting to self-help. The right of access to court is a bulwark against vigilantism, and the chaos and anarchy which it causes. Construed in this context of the rule of law and the principle against self-help in particular, access to court is indeed of cardinal importance’.The right guaranteed s34 would be rendered meaningless if court orders could be ignored with impunity:the underlying purposes of the right — and particularly that of avoidance of self-help — would be undermined if litigants could decide which orders they wished to obey and which they wished to ignore.
My usually reliable sources tell me that Jacob Zuma was indicted today on several charges stretching beyond the fraud and corruption charges brought against Schabir Shaik and extending to racketeering and tax fraud. Apparently Mr Zuma’s lawyer, Roger Hullay has confirmed this. It will be reported tonight on ETV news.
The timing is curious. In the absence of any news on charges being brought against Police Commissioner Jackie Selebi, the haste with which charges are being brought seems to suggest that the NPA and (perhaps its political masters) were scared that Mr Zuma and the newly emboldened ANC NEC would try and stop charges being brought against him. They felt that time was of the essence and thus had to move before the ANC NEC met for the first time.
It does create new legal and political trouble for Mr Zuma as it suggests that the raids on his premises and that of his lawyers has uncovered new evidence of possible wrongdoing on his part. Like Al Capone who was eventually brought down by tax evasion charges, Mr Zuma might yet be brought low not by the original charges of fraud and corruption but the ancillary charges now added to the charge sheet.
Am I the only one to see the hand of Presidnet Thabo Mbeki in all of this? With the principled Vusi Pikoli out of the way and with the hapless, buffoonish, Mokoted Mpshe, acting as head of the NPA, it might well be that the president has placed some serious pressure on him to charge Zuma as soon as possible. No stories here of the MInister of Justice not being available to receive information from the NPA about possible charges. And why is it being done on a Friday between Christmas and New Year.
For those who believe in the conspiracy against Zuma this will be a final straw in giving proof of that conspiracy. But of course, even if there is a conspiracy and even if we all believe there to be one, if Mr Zuma is convicted, he will not be able to become President and Mr Mbeki would have “won” the battle (if not the war) against the Zuma camp.
All in all, a peculiar development. And you heard it here first!BACK TO TOP