DURBAN - THE Constitutional Court’s decision to incarcerate former president Jacob Zuma for 15 months for being in contempt of court has political analysts calling it “political imprisonment”.
Analysts have criticised the Apex Court’s handling of Zuma’s case, arguing it was a travesty of justice as he was denied a fair trial, making him a political prisoner.
“The judgment was politically motivated and meant to ignite violence that would affect black people as the country falls into a state of chaos,” said political analyst Xolani Dube. He criticised the judges for serving particular interests.
Professor Sipho Seepe said the judges’ egos prevailed over the need to advance justice. He added that they had confused the rule of law with justice as they had overlooked Zuma’s rights to a fair court process.
“The cardinal principle that requires that justice must not only be done, but must be seen to be done, has been overlooked. The Concourt succeeded in proving only one thing – that nobody is above the law.”
Professor Tumi Senokoane said the court ruling was the beginning of many political imprisonments of those who differed with President Cyril Ramaphosa.
“Zuma is a political prisoner, and I anticipate future arrest of leaders of opposition parties and the opponents of the president within his party.
“The problem with the president’s opponents was that they wanted to solve a political problem using the courts, and even ignoring the obvious, that the courts are favouring the president,” he said.
Thabo Mtsweni, leader of the civil society organisation Democracy in Action, said the judgment was unfortunate and went against constitutional democracy and human rights. “Whenever the court applies for an extension of the Zondo Commission, they approach the high court. But in this case they went against everything as envisaged in our Constitution and approached the Constitutional Court directly.
“The court was duty bound to refuse direct access to the commission. The Constitutional Court is not a court of the first instance, and as such this matter was supposed to be sent to the magistrate’s court for proper processing. The court failed to uphold Zuma’s rights to a fair trial …”
Presidency spokesperson Tyrone Seale said the Presidency could not comment on the matter.
The Zondo Commission on Tuesday welcomed the judgment. “The commission views the judgment as one of great importance for the rule of law, the principle of equality before the law, the primacy of our Constitution and the protection of our constitutional democracy,” said commission spokesperson, the Reverend Mbuyiselo Stemela.
“The judgment is also significant for the independence of our judiciary. In the commission’s view the judgment sends a profoundly important message to all in our country that there are serious consequences for anyone who defies summonses and orders of courts, and that such conduct will not be tolerated, no matter what the person’s status is in society.”
Daily News