When a court has to go to the unthinkable extreme of violating the Constitution's visible expression in order to protect its invisible meaning to prevent said Constitution and itself from being complicit in crime, the president in question is a problem.
Corruption Watch' Freedom Under Law and the Council for the Advancement of the South African Constitution asked the North Gauteng High Court in Pretoria to review the R17 million settlement paid to former National Director of Public Prosecutions, Mxolisi Nxasana.
Written by Judge President Dunstan Mlambo and judges Natvarlal Ranchod and Willem van der Linde, the judgment set aside Shaun Abraham's appointment as Nxasana's replacement, picked on the "pattern of the president's conduct in litigation, of defending what ultimately turns out -- on the president's own concession -- to have been the indefensible all along, banking on any advantage that the passage of the time may bring", as well as Advocate Abrahams's failure to retain prosecutorial independence "on all the material issues with the position of the president". They also said the deputy president must appoint the next prosecutions' authority director.
Zuma's appeal will probably say the judgment violated the doctrine of the separation of powers. The Umkhonto we...