Sipho Seepe
27 August 2008
column
Johannesburg — THE advantage of a column is that it gives you the space to put across your arguments without fear of being misquoted.
Your propositions can be challenged on their factuality, logic and/or coherence. In this regard, columns serve a useful purpose of encouraging democratic and intellectual engagement.
Unfortunately, there are some who will read your column with the sole purpose of misrepresenting you. To cover up their inability to mount an intelligible counterargument, they resorts to all sorts of distortions and characterisations. They impugn the integrity of all those who hold a different view or propound alternative solutions to our societal and political challenges. Criticism of the abuse of state institutions and democracy-supporting institutions is thus falsely equated with undermining the rule of law.
In matters dealing with Jacob Zuma, nowhere have I suggested that the rule of law should be undermined. A judicial commission of inquiry (which I called for), a permanent stay of prosecution in light of various infringements by the prosecuting authority, and amnesty are all instruments or processes that are constitutionally permissible.
The rule of law is sacrificed when the police and prosecuting authority are allowed to undermine rules of procedure. The rule of law is also undermined when we condone the violation of an individual's rights to human dignity and a speedy trial.
In 2004, the public protector found that "certain actions by the National Prosecuting Authority (NPA) unjustifiably infringed upon the complainant's constitutional rights to human dignity and caused him to be improperly prejudiced". The public protector recommended that Parliament take urgent steps to hold the director of public prosecutions and the prosecuting authority accountable for these infringements. The ministerial co-ordinating committee was also asked to take steps to prevent such recurrence. These recommendations were not followed .
In addition, at least three judges -- Joos Hefer, Sisi Khampepe and Herbert Msimang -- have separately condemned the manner in which the NPA has conducted itself in matters relating to Zuma and others.
The suggestion that some Constitutional Court judges cannot be criticised because they boast struggle credentials is nonsense. Judges are political appointees and can be influenced. In dealing with Schabir Shaik, the Supreme Court of Appeal referred to the now infamous "corrupt relationship" statement, which Judge Hilary Squires never uttered.
I have read attempts to distort my opinions with bemusement. It is a familiar territory. In the past I was accused of having a personal vendetta against President Thabo Mbeki. At the time Mbeki was presented as Africa's best hope. I refused to join the bandwagon of praise singers. I warned that if stripped of the veneer of intellectualism, Mbeki's love for power is no different from those of Africa's shining despots.
Now what about Zuma? I have stated that, in the broad scheme of things, Zuma's interests are irrelevant. But his constitutional rights are not. The fact that I am not, and have never been, a card-carrying member of the ANC does not mean I should turn a blind eye to the violation of the constitutional rights of its members. Zuma is of interest to me insofar as his case raises the issue of whether the NPA and some of our judges conduct themselves in a manner consistent with the letter and spirit of the constitution.
Do I fear the Zuma presidency? No, I do not. What concerns me is whether we are able to exploit the space opened up by the outcome of Polokwane. Democracy can easily slip away if society takes a back seat instead of shaping the trajectory of our politics. It requires building strong and credible institutions that support democracy.
Our institutions have become the battleground in which conflicts in the ruling party are played out. However, democracy is too important to be left to a few individuals and politicians.
Prof Seepe is president of the South African Institute of Race Relations.
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