Publication: The Star Issued: Date: 2005-11-14 Reporter: Editorial Reporter: Reporter:

Let the Law Run its Course

 

Publication 

The Star
Date 2005-11-14

Reporter

 Editorial

Web Link

www.thestar.co.za

 

Amid the shouting and toyi-toying on the streets and at rallies last weekend, it is heartening to see the wheels of justice continue to grind finely albeit rather slowly.

The appeal of Tony Yengeni against a four-year sentence coincided with the court appearance of former deputy president Jacob Zuma on charges of corruption.

The cases of the two high-profile politicians aptly pointed to the cornerstone of any true democracy – no-one should ever be considered above the law.

Judge Eberhard Bertelsmann's comment, in rejecting Yengeni's appeal, was telling: “It was unwise for Yengeni to seek the aid of the minister because the mere fact of doing so might create the impression that he was seeking the support of a politically powerful ally to influence the exercise of (Bulelani Ngcuka's) discretion.

“By the same token, it was unwise for the minister (Penuell Maduna) to participate in these discussions at all, precisely because it might create the perception that he was exerting improper political pressure on Ngcuka.” 

And with claims last week of a possible plea-bargaining involving Zuma, Judge Bertelsmann's other comment should be taken to heart by the Directorate of Public Prosecutions.

He said: “The independence of the office that he (Ngcuka) held and the fearless and unfettered exercise of the extensive powers that this office confers, are incompatible with any hint or suggestion that he might have lent an ear to politicians who might wish to advance the best interests of a crony rather than the search for the truth and the proper functioning of the criminal and penal process.”

Again, there were dismaying protest calls in Durban last Saturday which undermined the independence of the judiciary. If Zuma is innocent and keen to clear his name, he must speak out to protect the very instrument that could objectively do so.

In the same vein, those ANC luminaries out in force again in Durban *1 last Saturday must know they're walking a fine line in showing support for a comrade and, by association, rubbishing the rule of law.

With acknowledgement to The Star.


*1  Not only in Durban.