LETTER: Zuma’s open defiance threatens the rule of law
|Published
IJ Saks writes that 'we' cannot fail to give former president Jacob Zuma what he deserves, as this will be a precedent for further wrongdoings in the country. Picture: Itumeleng English/African News Agency (ANA)
by IJ Saks
Former president Jacob Zuma has refused to testify at the Zondo Commission after the Constitutional Court had compelled him to do so.
This is a direct violation of the highest court in the land and he must pay the price for his corrupt deeds as he has stolen the country blind.
What came out last week from the commission is mind-boggling and I have no doubt that justice will prevail as he was the architect of state capture.
We cannot fail to give him what he deserves, as this will be a precedent for further wrongdoings in our country.
The Zondo Commission’s legacy must be remembered for turning the state around from corruption to an honest and democratic country where all the rogues pay for their corrupt deeds.
* IJ Saks, Table View.
** The views expressed here are not necessarily those of Independent Newspapers.
Zuma’s open defiance threatens the rule of law
by Farouk Araie
The Constitutional Court has delivered its judgment on former President Jacob Zuma’s refusal to appear before DCJ (Deputy Chief Justice) Raymond Zondo. Its verdict must be obeyed and enforced, in a land where the rule of law stands as a pivotal pillar of our democracy.
The rule of law is the principle that all people and institutions, regardless of power and stature, are accountable to laws that are publicly promulgated, enforced equally and adjudicated independently through a series of well-established procedures.
It is indeed tragic that the erosion of respect for the rule of law is poised to swallow Zuma himself. Many of our leaders cry “judicial intrusion in the political realm” whenever they suffer defeat in the apex court on a constitutional question with political consequences. Ignoring a ruling by the apex court is a naked usurpation of power opposed to the Constitution and the rule of law on which it rests.
Rule of Law in our country inherently incorporates a trio of concepts, supremacy of law, equality before law and prominence of legal spirit. Every citizen regardless of stature or position is subject to the ordinary law of the realm and amenable to the jurisdiction of our courts and the verdicts that they issue.
In theory, our criminal justice system does not discriminate in favour of powerful and influential people, yet in practice, those who still lurk in the corridors of power, are cunningly able to evade justice, by testing and exploiting every loophole in our criminal justice system.
The law will cease to exist and democracy will be erased from our land when the cannons of justice are poured in favour of those who create immoral obstacles to veil justice from society. Law and order will cease when the poor are convicted and the meaty acquitted.
When the guardians of society become the architects of crime, where can one look forward to for unadulterated justice? In our quest of nation-building, under the cloak of a destructive plague, it is more important than ever to recognise that in a pluralist society, law is the greatest and only integrating factor.
Those who defy and defile the law, demonstrate high levels of recklessness, intolerance, tyranny and lack of restraint. It was Elizabeth Cady Stanton, who in 1860 offered these profound words. To make laws that man cannot or will not obey serves to bring all law into contempt. It is very important in a republic, that the people should respect the laws, if we throw them to the winds, what becomes of civil government?” Disrespect for an apex court judgment is a cardinal and serious offence.
Rule of law is sacred South African values, it is the fundamental principle that provides the bedrock on which our structure of government is built. Shielding citizens against those who brazenly transgress our laws, constitutional democracy presents a bulwark against despotism. That bulwark is the rule of law. When respect for the rule of law evaporates, chaos follows, tyranny becomes the godfather of the nation.
* Farouk Araie, Benoni.
** The views expressed here are not necessarily those of Independent Newspapers.
Cape Argus
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