There are good reasons for South Africans who believe in the right to know – a key aspect of democracy – to feel satisfied over the outcome on the so-called spy tapes saga this week.
The first is that a very clear judicial trajectory was followed which no one could scupper. It began in December 2007 when the then Scorpions served the sacked deputy president, Jacob Zuma, with an indictment to stand trial on several charges, including corruption.
It ended this week when the Supreme Court of Appeal (SCA) dismissed Zuma’s attempts to prevent the release of the spy tapes. This was, of course, the same court which in January 2009 overturned the previous year’s controversial ruling by Judge Chris Nicholson that the charges against Zuma were invalid on procedural grounds.
The second good reason is that the official opposition, the DA, fought to bring the spy tapes into the public domain. It fought and won, which means opposition is still relevant and can be as dissenting as it needs to be.
We must respect that because Judge Nicholson’s six-year-old judgment is still discussed with concern. It received a scathing reaction from the SCA at the time, and that court’s ruling left Zuma a suspect in the minds of many South Africans.
Another reason for us to feel satisfied is that the National Prosecuting Authority’s failure to comply with the SCA’s ruling back in 2012 was rightly regarded as unacceptable. Zuma’s legal team then fought for another two years, drawing ire. But now, the democratic and judicial processes show it’s worth taking on these battles.
There was no argument for the president, who surely must have his back against the wall. It was predicted this would be his mensis horribilis, and after last week’s furious Parliamentary display by the EFF, even Zuma may agree that is true.
But the president has effectively been protected for years.
Will the ANC now consider recalling him? After all, the SCA’s ruling shows that the original charges may be under consideration again.
That means we will again have a president with a cloud over his head.