Publication: Cape Times Issued: Date: 2009-10-16 Reporter: Helen Zille

ANC's sinister subversion of rule of law for its own purposes must be fought

 

Publication 

Cape Times
Date

2009-10-16
Reporter Helen Zille
Web Link www.capetimes.co.za


Imagine this for the plot of a political thriller set in an obscure country. The former head of police is on trial for corruption. One of the witnesses for the prosecution is implicated in the killing of a businessman who had given financial favours to the ruling party.

A new head of national intelligence has just been appointed; he had previously plotted against the head of national prosecutions, and his brother had been convicted of fraud and sentenced to 15 years in jail. The fraudster brother had had dealings with a leading politician, who was then charged with corruption. After a dramatic factional fight within the ruling party, this politician became its leader.

The fraudster was released from jail on the grounds of ill-health, but there were soon reports of his gallivanting about town. The corruption charges were dropped against the politician and he went on to become president of the country. Under his government, the selection of judges fell under the control of the ruling party, and during the interviews prospective judges were subjected to bizarre questioning and racial slurs. During the trial of the ex-head of police, the witness suspected of killing the businessman burst into tears.

The problem with this unlikely plot is that it is real and set in South Africa right now. South Africans have become so inured to the events unfolding month after month that they might not see the danger mounting before them.

Last week, President Jacob Zuma appointed Moe Shaik as head of the South African Secret Service. Moe is the brother of Schabir Shaik, who was Zuma's financial adviser before he was convicted of fraud and corruption associated with the arms deal and sentenced to 15 years imprisonment. Moe, himself, was posted as a diplomat to Hamburg at the time when the Mbeki administration re-opened the Corvette contract in the arms deal which was subsequently awarded to a German company which awarded a subcontract to a firm in which Schabir Shaik was a partner, and another brother, Chippy Shaik, allegedly received a $3 million bribe from a German company.

Moe, in trying to defend Zuma against possible prosecution by the then National Director of Public Prosecutions, Bulelani Ngcuka, had attempted to falsely malign Ngcuka as having been an apartheid spy.

In this week, too, the trial began of the former national police commissioner, Jackie Selebi, charged with corruption and defeating the ends of justice. Glenn Agliotti, accused of plotting the "assisted suicide" of businessman Brett Kebble, is a State witness.

Zuma faced charges of corruption when Ngcuka, under President Mbeki, was head of public prosecutions. However, after Zuma displaced Mbeki as ANC leader, the new acting head of Public Prosecutions, Mokotedi Mpshe, dropped the charges.

There is a sinister pattern in all of these events: the rule of law is being subverted by the rule of party command. Under President Mbeki, Schabir Shaik was convicted, Jacob Zuma faced corruption charges, and the Hefer Commission defeated Moe Shaik's attempt to smear Ngcuka. When Zuma supplanted Mbeki, Schabir was released, charges against Zuma were dropped and Selebi had to stand trial.

It seems probable that if Mbeki were still ANC leader, Schabir would have remained in jail, Moe and Zuma would be charged, and Selebi would be free. Whether you are charged and convicted now depends not on your innocence or guilt but on whether you are in favour or out of favour with the ruling clique in the ANC.

That is why the ANC's battle of Polokwane was so vicious. It was not about policy or principle. It was about which faction of the ANC would be in a position to abuse its power, protect its cronies and enrich them - while abusing state institutions to persecute their opponents. This is the kind of organisation the ANC has become.

Appointments to the judiciary, too, are made at the whim of the ruling party. The Judicial Services Commission (JSC) nominates and recommends candidates for judicial appointments. It has 23 members and is meant to represent legal interests in the country at large: advocates, attorneys, judges, teachers of law and politicians. The ANC has packed the JSC with party loyalists.

The JSC's interviewing for judicial positions follows no clear criteria and sometimes degenerates into farce. Justice Minister Jeff Radebe returned to the 16th century when he hectored a prospective judge, Torquil Paterson, on being atheist. Dumisa Ntsebeza, a Zuma appointee to the JSC, attacked Paterson because of his race. The result is that many fine judges will not submit themselves to this travesty, and have withdrawn their applications.

The ANC believes the judiciary is there to serve the interests of the ruling party and, if any judges think it is there to serve justice and the people, their career paths are likely to be curtailed.

The contrast between the DA and the ANC was brought into sharp focus this week. The DA believes in the rule of law, equality before the law, and appointment of judges on their ability to represent and serve the people justly, impartially and competently.

The ANC believes in the rule of the party, deference to the party elite and appointment of judges to serve their political masters.

In court last week, Glenn Agliotti began crying in court because he had to testify against his old friend, Selebi. It would be better if all South Africans paused to shed a tear over the threat to our judiciary and other independent institutions.

It would be even better if they joined the DA in fighting to establish their independence and integrity.

Zille is leader of the Democratic Alliance and premier of the Western Cape.

With acknowledgements to Helen Zille and Cape Times.