ANC Women’s League President: "The current conviction of Zuma without trial is unconstitutional, unfair and draconian"

By Bathabile Dlamini

"When law becomes a political tool by those in power, it must be fought head-on, and vehemently resisted..." - Bathabile Dlamini

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In South Africa, we have three arms of government, that is, the legislature, the executive and the judiciary. Everyone seems content with allowing criticism of the legislators and the executive, but not the judiciary.

The extraordinary and strange case of President Jacob Zuma has brought the spotlight on the big question, who guards the guardians? Who judges the judges? And who holds the judiciary to account?

We claim to be a model of a healthy democracy, yet the judiciary, one of the arms of government, is above reproach.

Events of the past week have exposed how fragile our young democracy is. For the first time in 27 years of our democracy, we saw the highest court in the land ordering detention without a fair trial. 

The reaction that followed from different sectors of society is what was most shocking. A coterie of legal experts and analysts saw nothing wrong with the Concourt decision anomaly. Neither did the band of what you would call “leaders of society”. They only saw the anomaly right because the gross injustice was targeting Zuma.

What kind of “justice” is that?

‘Lady justice’, the metaphorical personification of the moral force in judicial systems, is usually seen in a blindfold, holding scales and a sword. We are told that the blindfold represents impartiality, the scales represent the weighing of evidence, and the sword stands for authority.

In Zuma’s case, we saw lady justice throw away her scales, and remove her blindfold. At the Constitutional court, we saw Lady justice seething with anger, as she charged at Zuma with her sharp sword. Logic, law, and impartiality completely suspended.

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Lady justice saw the accused, and despised him. With only a sword in hand, she did not need to weigh any evidence against him. Judicial logic and fairness escaped her.

Zuma was dealt a harsh hand. We saw the “law” getting tailored and targeted specifically at him. His treatment is reminiscent of the apartheid era government. Only the apartheid-era government was so cold, cruel, and vindictive, to the point where they suspended justice and law.

If the judgment against Zuma is sustained in whatever form, it would be clear that South Africa is heading to fascism. The democratic institutions are going to turn into nothing but a veneer covering the judicial dictatorship and authoritarianism.

If the judgment against Zuma is sustained in whatever form, it would be clear that South Africa is heading to fascism. The democratic institutions are going to turn into nothing but a veneer covering the judicial dictatorship and authoritarianism.

The current conviction of Zuma without trial is unconstitutional, unfair and draconian. What kind of “democratic” society and laws send someone to jail without trial?

The Zuma case is called exceptional and extraordinary not because of anything he did. But it is because the laws were so severely bent and bastardised to achieve political ends against him.

Many years from now, when we look back at these events as history, we will see how law became a weaponised instrument against political opponents. Zuma is going to remain a symbol of resistance against that injustice.
When the law ceases to serve its intended purpose but becomes an instrument of the ruling class, it ceases to be law.

*Bathabile Dlamini is ANC Women's League President