A puzzling contradiction characterises the stance adopted by Jacob Zuma, the
ANC president, in respect of his appearance in the high court in
Pietermaritzburg tomorrow. Although admitting in papers
submitted to the court that he is unable to prove that he
is the victim of a conspiracy to prevent him from succeeding Thabo Mbeki
as South Africa's president, Zuma nevertheless asserts his belief that he is the
victim of political machinations designed to fulfil that objective.
The contradiction deepens when it is seen in the context of the agreement by
counsel for the state and the defence in the pending corruption trial that the
central issues should be decided by legal argument in terms of the law and, as a
corollary, that political allegations are, at best,
interesting abstractions.
The contradiction cries out for an explanation. Zuma offers one in his written
submission to the court: conspiracies inevitably involve secret intrigue and are
inherently difficult to prove. As he puts it: "It is the nature of the arguments
I raise surrounding the motive behind my prosecution that the evidence required
to prove those allegations will not readily be available."
But, he continues, that should not deprive him of the right to raise them or
that of state counsel to reject them.
But there might be another reason why Zuma insists on his right to articulate
his belief that he is the victim of a conspiracy. He might want to air his
belief to give greater impetus to the political campaign waged in his defence by
the ANC, one of which is the contention that Zuma has been stigmatised by his
conspiratorially minded adversaries in the ANC.
It is not coincidental that, as the countdown began to the start of his trial on
renewed charges, Jessie Duarte, the ANC head of communications, spoke of Zuma
being persecuted rather than prosecuted, citing the inclusion of alleged
irregularities in Zuma's tax affairs in the charges against him to support her
contention.
Zuma and his ANC comrades have adopted a two-track strategy: to mount the best
possible legal defence in court, while campaigning to arouse public sympathy for
Zuma as a victim of devious conspirators and thereby to put pressure on the
authorities to withdraw the charges against him.
Components of the political campaign include:
The labelling of constitutional court judges as "counter-revolutionaries" by
Gwede Mantashe, the secretary-general of the ANC, and his associated accusation
that the constitutional court was preparing to "pounce" on Zuma when it
complained that John Hlophe, the judge president of the Cape high court, had
tried to influence two of its judges in favour of Zuma in cases before it
concerning him.
The warning by Julius Malema, the president of the ANC Youth League, that league
members were prepared to "take up arms and kill for Zuma" and a similar, though
slightly muted, statement, by Zwelinzima Vavi, the Cosatu general secretary.
The threatening oratory of Buti Manamela, the secretary of the Young Communist
League, who declared recently: "We want to make it clear that as long as judges
discuss political issues in shebeens and nightclubs they cease to be judges and
thus become part of us and will be rough tackled."
Manamela's talk of "shebeens" and "nightclubs" is almost certainly an allusion
to a speech made by Dikgang Moseneke, the deputy chief justice, at a private
party celebrating his 60th birthday, in which he said: "I have chosen my work
very carefully. It is not what the ANC wants or what delegates want. It is about
what is good for the people."
His statement is obviously a declaration of his independence of political
parties and a reaffirmation of his vow to uphold the constitution, which, it
should be emphasised, was drafted by democratically elected representatives in
the first post-apartheid parliament to promote the welfare of all South African
citizens, irrespective of race, colour or creed.
In fairness to the ANC, it was quick to announce its acceptance of Thursday's
constitutional court judgment confirming the lawfulness of the August and
September 2005 search and seizure raids on Zuma's homes in Johannesburg and
Nkhandla and the offices of his attorneys, and the constitutional court's
endorsement of the Durban high court decision approving a request by the
national prosecuting authority to obtain crucial relevant documents from the
Mauritian judicial authorities.
But the effect of the ANC's response to the judgment has been partially negated
by the qualifying riders that it attached to its acceptance, namely that the
handling of the Zuma case by the authorities had:
Increased the perception that Zuma is "being persecuted rather than merely
prosecuted"; and
Fuelled doubts that Zuma would receive a fair hearing and strengthen the ANC's
resolve to hold a rally outside the Pietermaritzburg high court to demonstrate
its support for Zuma.
Previous demonstrations by Zuma's supporters outside courts have been
characterised by adoration of Zuma, abuse of his alleged "persecutors" and the
burning of T-shirts bearing the face of Mbeki.
Accusing Zuma of responsibility for the behaviour of his supporters, Barney
Pityana, the principal of the University of South Africa, does not mince his
words in condemning him: "When leaders behave in a manner which shows a
disregard for the law, when leaders are indicted for serious crimes [and]
marshal their supporters to demonstrate within the precincts of the courts, they
popularise criminal behaviour."
Outside his circle of fervent admirers, Zuma has won a degree of notoriety for
the singing of his trademark song, Umshini wami (Bring me my machine gun) at
campaign rallies. Mosiuoa Lekota, the minister of defence, has condemned the
song as inappropriate in a nation that has resolved to
settle its political differences peacefully.
Zuma's behaviour in and out of court will be closely watched in the months
ahead, particularly by those citizens for whom the prospect of him taking over
from Mbeki as South Africa's president next year invokes
feelings of disquiet. There are fears that his allegiance to the ANC
supersedes his loyalty to the constitution, on which South Africa's non-racial
democracy is founded. The fears arise from Zuna's 1996 statement that "no one
can be above the ANC".
Independent political analyst Patrick Laurence is a contributing editor to
The Star
With acknowledgements to Patrick Laurence and Sunday
Independent.
It's going to be interesting to see how the proletariat
reacts once its hero is incarcerated.