Publication: Cape Argus Issued: Date: 2008-01-21 Reporter: Calvin Rix

Only a Neutral Jurist for the Zuma Trial can Avert Civil War

 

Publication 

Cape Argus

Date

2008-01-21

Reporter

Calvin Rix

Web Link

www.capeargus.co.za

 

Letters

The rule of law was elevated to one of the four pillars of South Africa's constitution by its drafters. Yet if individuals are regarded as guilty and pronounced as such by the chief guardian of the constitution, the rule of law is weakened considerably, giving South Africans reason to be concerned.

President Thabo Mbeki claimed he had fired Jacob Zuma because of a "court finding that there was a generally corrupt relationship between Zuma and Schabir Shaik". This, after the judge, who allegedly made this "finding", repeatedly explained that no such finding was made by him.*1

Those who argue that Zuma will not get a fair trial by South African judges are correct, as the public has lost confidence in the legal system.*2

If South Africa is to avert a civil war, the ANC-led government needs to declare a state of emergency, enabling the Zuma trial to get under way, chaired by a respected jurist from another country, and where the media is prohibited from commenting on the trial until its conclusion.

Failing this, the ANC would do well to use its majority in the House of Assembly to amend our constitution, prohibiting the indictment of the country's president, the leaders of the ruling party and the majority opposition party, national and provincial police commissioners and judges for the duration of their time in office.

Calvin Rix
Strandfontein

With acknowledgements to Calvin Rix and Cape Argus.



*1      What I think is actually true is that Squires J said that he never used these particular words to describe his finding regarding the relationship.

However it is beyond any doubt at all that this is the particular finding that the prosecution was seeking and that the corrupt symbiotic relationship that the judge found to exist to all intents and purposes means essentially the same thing.

To suggest otherwise would be disingenious.


*2      This does not follow.

Only certain members of society claim they've lost faith in the judiciary - and they have shown themselves to be opportunistic in their claims.

They were quite happy with the legal system when Zuma was acquitted of rape, he won his application declaring some of the search warrants unlawful and had the initial corruption charges struck from the court roll because the prosecuting authority was not ready to proceed on the appointed date and its request for an extension refused.


The final paragraph of this nitwit's letter hardly bears a full response.