South Africa: Political Trials - David v Goliath and the High Cost of Taking On a Well-Resourced State

analysis

In the bad old days those who found themselves persecuted by the apartheid state could turn to the likes of the International Defence and Aid Fund for Southern Africa to pay legal costs. Today, those who challenge the state or who find themselves facing what could be viewed a political trial mostly have to fend for themselves. On the other hand, President Jacob Zuma, the Hawks and the NPA have access to state coffers when it comes to defending or pursuing cases. And sometimes it seems that the quickest way to eliminate opponents or get rid of irritants is to throw the book at them and hope they drown in a legal quagmire. By MARIANNE THAMM.

Since taking the Oath of Office six years ago, President Jacob Zuma has spent an estimated R45-million defending various court actions. And in a twisted irony, the Constitutional Court, which found in March this year that Zuma had violated his oath of office, ordered that "the President, the Minister of Police and the National Assembly must pay costs of the application including costs of two counsel". They will not, of course, be dipping into their own war chest to find this refund. We, the...

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