Just hours before the Zondo commission into state capture asked for Jacob Zuma to be jailed for defying the inquiry, President Cyril Ramaphosa emphatically defended the judiciary, saying attacks against it should not be taken lightly as they shake the foundation of SA’s constitutional democracy.
On Monday, the state capture commission filed court papers in the apex court asking that Zuma be jailed for two years for being in contempt of court after he refused to appear before the commission chaired by deputy chief justice Raymond Zondo. Labour federation and ANC ally Cosatu also defended the commission’s work, highlighting Zuma’s political isolation on the issue.
Zuma is heavily implicated in evidence heard before the commission relating to the capture of the state during his time in office, including allegations that he handed over key responsibilities, such as appointing cabinet members to the Gupta family, who were friends of his and business partners of his son. He has gone to extreme lengths including accusing Zondo of bias to ensure that he does not have to answer questions.
Ramaphosa’s comments were made in his weekly newsletter and come against the backdrop of fierce attacks on the judiciary by Zuma, who defied the Constitutional Court’s order to appear at the state capture commission, and EFF leader Julius Malema, who in parliament raised unsubstantiated allegations of bribery of judges.
"Unless supported by evidence, such claims undermine confidence in our courts and weaken our constitutional order," Ramaphosa said.
He said that in all actions, regard needed to be given to section 165(3) of the constitution, which says that no person or organ of state may interfere with the functioning of the courts.
"We interfere with the functioning of our courts and weaken the rule of law when we attack the judiciary. Our failure to implement our courts’ injunctions weakens our constitutional democracy," Ramaphosa said in a clear jibe against Zuma.
Cosatu president Zingiswa Losi said in her opening address at the start of the three-day Cosatu central executive committee meeting on Monday that the labour federation supported the work of the state capture commission.
"Those who are found to be in contempt of the commission and other courts of law must be dealt with according to the law," said Losi.
Cosatu’s call comes a week after the ANC’s national executive committee urged its members and all South Africans to co-operate with the commission. Ramaphosa’s defence of the judiciary is critical as it indicates that the executive is backing the bench.
One of the issues raised after Zuma’s defiance of the Constitutional Court order compelling him to give evidence before the commission of inquiry into state capture was whether it gave rise to a constitutional crisis.
Constitutional law expert Prof Pierre de Vos told Business Day last week that this would have been the case if Zuma were still president.
Ramaphosa said South Africans should be concerned when those who occupy prominent positions in society make statements that demonstrate a disdain for the basic principles of the constitution and the institutions established to defend democracy.
He said of particular concern were the recent utterances directed at the judiciary, in which some judges were accused, without any evidence, of pursuing interests other than the cause of justice. Judges have been accused of having political agendas and some have been accused of accepting bribes.
He said that those claims were deeply disturbing.
If such claims were true, it would mean that there are some within the judiciary who are failing to uphold the values and principles with which they have been entrusted.
However, Ramaphosa said the constitution then made provision for what to do, as the National Assembly can remove judges who are found guilty of gross misconduct by the Judicial Service Commission (JSC).
Neither Zuma, who has directly attacked Zondo, Gauteng judge president Dunstan Mlambo and the apex court, nor Malema, who made allegations in broad terms, have laid any complaints against any judge at the JSC.
"Anyone who has evidence of any wrongdoing by any judge should make use of the avenues provided in our constitution and in our law to ensure that appropriate action is taken," Ramaphosa said.
While SA is a constitutional democracy, which guarantees freedom of expression and opinion, those in positions of responsibility should be reminded of the possible consequences of their utterances.
"One of these possible consequences is the erosion of trust in the judiciary and our constitutional order," Ramaphosa said.
With TimesLIVE
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