Publication: Cape Argus
Issued:
Date: 2008-08-02
Reporter: Editorial
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Will The Rule
Of Law Survive?
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On Monday the next act of the
extraordinary soap opera that is South African
politics will be staged in sleepy Pietermaritzburg. The KwaZulu-Natal Midlands
city is apparently in for a rude awakening. The ANC and its allies have vowed to
turn up in unprecedented numbers to demonstrate outside the High Court trial of
party president Jacob Zuma on charges of corruption and fraud.
Such protest is, of course, a democratic right, but what
to make of the reasoning behind it?
It follows extraordinary assaults by the ANC and its allies on the integrity of
the judiciary. In a statement after Thursday's Constitutional Court ruling
against Zuma, the ANC maintained that the "manner in which this case has been
handled by the authorities over the last few years has reinforced the perception
that the ANC president is being persecuted rather than merely prosecuted. It has
also fuelled doubts about his chances of receiving a fair hearing." For this
reason, it said, it would be protesting outside the Pietermaritzburg High Court.
SA Communist Party general secretary Blade Nzimande reacted to Thursday's ruling
by saying: "Nothing has happened today that makes us change our view that the
trial of the ANC president is not a criminal trial but a political trial."
He reiterated the position of his party and its alliance partners that Zuma was
"indeed going to be the next president of the republic".
What are ordinary South Africans to make of this, other than that the ANC feels
its decisions should take priority over those of the courts?
They can be sure that the standing of the judiciary is
facing its most severe assault since the advent of democracy *1. And that
it bodes poorly for the primacy of the rule of law *2
as the country steps into what is beginning to feel like an increasingly
uncertain future.
With acknowledgements to Karyn Maughan,
Kashiefa Ajam, Siyabonga Mkhwanazi, Sapa and Cape Argus.
*1 Not only the standing of the
judiciary is threatened, but the very lives and bodies of both the judiciary and
those giving support to it and its process.
*2 If The State and its Constitution are threatened by this
seditious conduct, then the SANDF will be obliged to do one of its primary
duties *3 - protect The State, its Constitution and the Rule of Law.
Unfortunately, the SANDF's political masters in 1995 to 1999 decided to purchase
weapon systems almost purely to due the SANDF's other duty, i.e. protect the
sovereignty of The State.
But it can probably rely on 300 or so 1980s-vintage, apartheid-era, Ratel
Infantry Fighting Vehicles to get its battle-hardened troops into the thick of
things in Pietermaritzburg.
The 30 Agusta light utility helicopters should also be just perfect for the
commanders of the Joint Command to waft overhead out of range of the Natal cane
knife and knobkerrie.
*3 Despite allegations to the contrary by some commanders of
the SANDF, it is not a primary duty *4 of the SANDF to protect Patagonian
Toothfish, Orange Ruffys, the Atlantic Hake, the Longfin Tuna, the Southern
Abalone, or even our national fish the Galjoen.
*4 And even if it was, the Saab Gripen JAS39 fourth
generation air superiority jet fighter, even with air-to-air refuelling (which
it does not have), has less than a 1% mission success rate *5 in this type of
mission.
*5 The British Aerospace Hawk 120 jet trainer, even fitted
with hardpoints and air-to-ground rockets (which it is does not), has less than
a 2% mission success rate *6 in this type of mission.
*6 The HDW Type 209 Coastal Submarine, even fitted with a
lightweight anti-air or anti-surface missile (which it is does not), has less
than a 3% mission success rate *7 in this type of mission.
*8 The GKN Westland Super Lynx 100 Maritime Patrol
Helicopter, even fitted with an air-launched lightweight torpedo (which it is
does not), has less than a 5% mission success rate *9 in this type of mission.
*9 The Agusta light utility helicopter *11, even fitted with
twin .50 Browning machine gun in the one door (which it might or might not
have), has less than a 10% mission success rate *10 in this type of mission.
*10 The Blohm+Voss MEKO 200AS, even with anti-radar measures,
underwater exhausts and CODAG-WARP (combined diesel and gas turbine with
waterjet propulsion) (which it is), has less than a 50% mission success rate in
this type of mission - but at a cost of about R5 million per vessel per day.
*11 One thing that is known about the Agusta light utility
helicopter is that is flies much better at sea level that hot and high - but
didn't we know that in 1998?
Disclaimer
All these mission success figures are subjective, relative and typical of
the types of equipment identified and have been determined by the tried and
tested calibrated wet thumb method.
They should not be used as a basis for mission planning, system acquisition or
defence budgeting by anyone other than Chacma Baboons, Lowland Gorillas and
Vervet Monkeys.