Zuma: the bad

April 18th, 2009 · No Comments · politics

You don’t have to look long or hard to get more than a bit worried. Worried that many in the Zuma ANC will behave like Mr. Mbeki’s ANC.

It’s just too easy to be pessimistic – Carl Niehaus’s hiring as ANC spokesmen in spite of the fact that the ANC knew of his propensity to lie, live the high-life and commit corruption is just deeply depressing.

I have previously listed some of the other ominous signs:

“Zuma’s ANC’s killing off of the Scorpions elite investigation unit have done their image no favours either. And neither has the promotion of an MP who is under a fraud investigation – Mnyamezeli Booi – to chief whip of parliament going to strengthen the post Mbeki ANC’s anti crime and corruption credentials.

The case of the director general of Correctional Services, Vernie Petersen, reported this week is even more worrying. Said the Mail and Guardian after Petersen, seen as an anti-corruption fighter – was moved from his post:

“This is a victory for Balfour, but a loss for the department. Vernie [Petersen] was cleaning up the department. But he [Minister Balfour] was lobbying intensely to get rid of him,” a department insider told the M&G. “

With the benefit of hindsight, its now clear that both the Scorpions and the NPA was grossly manipulated by Mbeki to settle his political scores. No wonder the Zuma camp were so allergic to these institutions.

But the manner is which the whole legal system including the courts were attacked in a bid to save Zuma’s bacon, is a grave concern for those of us who think that the rule of law is an essential ingredient of a happy and prosperous society.

While at first acting NPA head Mpshe’s decision to stop the prosecution of Zuma seemed wrong but arguable and even understandable. Further scrutiny of the arguments advanced by the NPA left one conclusion, they were not a coherent assessment of the case in terms of South African law.

But in the light of if the fact that the NPA admits these reasons were plaigarised, the NPA’s reputation has been torn to shreds. The extent of the damage will only become apparent over time.

John Kane-Berman in the Business day:

The costs to the country, if not yet all apparent, will be great. By dropping the charges against Zuma on so flimsy a pretext, the National Prosecuting Authority (NPA) looks both cowardly and ridiculous. Who of independent mind will now wish to join this body?

Its clear Mpshe – who earlier decided to recharge Zuma – have caved in. The most likely explanation and this must have been under severe pressure from the Zuma camp. Respected South African lawyers like Advocate Wim Trengove described the consequences in even more alarming tones:

“We may later see this as a tipping point leading to a slippery slope to the erosion of the rule of law.”

I have to slightly disagree with Advocate Trengove. Evidence of the gathering pace of the erosion of the rule of law has been there for a number years. It would have been easier to swallow had Mr. Trengove and others had been more vocal about Mr. Mbeki’s excesses.

Vusi Pikoli and foreign policy

But this is ‘just’ the most powerful and publicised example.

Even so on two further counts Zuma is responsible for battering our legal system. But before I come to that a quick detour to South African foreign policy. Mbeki’s reign was charactarised by South Africa siding with dictatorships around the world. Early indications was that the Zuma ANC would take a different path. See Zimbabwe for instance where the Zuma camp – supported by Cosatu made welcome anti-Mugabe noises. That was then, since Mbeki has been out of the way, Zuma’s ANC has played its role in extending the life of the Mugabe reign. Gone is the criticism. Any fantacies about a new foreign policy went up in smoke after the rejection of a visa by Zuma’s government for the Dalai Lama’s visit to South Africa. We are back to more of the same.

But lets get back to our beagured legal system.

The firing of Vusi Pikoli would not have proceeded without Zuma’s blessing.

For all the claims of interference into the NPA, Pikoli still stands beyond reproach for acting without fear and favour. Men like him are in desperate short supply. Yet the government is getting rid of him. Zuma supporters could argue – hey what do you expect? Would Pikoli had withdrawn the charges like Mpshe did?

Pikoli had a worrying track record of ignoring former presidents. Mbeki’s cajoling and threats cut no mustard with Pikoli when he decided to prosecute the head of police Jackie Selebi. Zuma had to get rid of the man. Again this was at the expense of the rule of law.

Thirdly there the no small matter of the Zuma attack on the constitutional court last week.

“If I sit here and I look at the chief justice of the Constitutional Court, that is the ultimate authority. I think we need to look at it, because I don’t think we should have people who are almost like God in a democracy. Why? Are they not human beings?”

Does Jacob Zuma lack understanding of the principles on which our Constitutional order as some suggest? That is that it is an dispensation founded on a surpreme law based on human rights interpreted by a surpreme court?

Kameraad Mhambi doubts it.

This is not a misunderstanding about the role and function of the court, this is a simple assertion that the court has too much power.

If this is an indication that – like Mbeki Zuma – will not tolerate anybody to come in between his government exercising its will, then we’re actually just starting on phase two of the same downward spiral started by Mbeki.

Deploy this post far and wide Comrade: