One of the open questions about Jacob Zuma's Polokwane victory was to what
extent his presidential candidacy would lead to a
constitutional crisis.
The choice for the African National Congress (ANC) is to allow the judicial
process to take its own course, or to upend the rule of
law somehow to prevent the trial.
Two events have increased the danger of the latter. First, the allegation that
Cape Judge President John Hlophe lobbied at least two Constitutional Court
judges for a pro-Zuma ruling in the case before them, is
shocking.
It's a welcome sign that the two judges stood together with a unanimous
Constitutional Court to reject this outrageous
behaviour.
The second is KwaZulu-Natal transport, safety and liaison MEC Bheki Cele's call
for the ANC's eThekwini region to adopt a motion calling on the ANC to stop
fraud and graft charges against Zuma. At the weekend, Cele reportedly said: "The
time has come for us to make a call that the so-called trial of JZ (Zuma) should
be squashed, crashed, nullified and find no passage in the judicial system of
this country."
For senior members of the ANC to call openly for the state to overturn the rule
of law is exceptionally dangerous. Every
diminution of the rule of law diminishes every
contract of every description.
It's easy to appreciate politicians' support for Zuma, but ANC leaders need to
appreciate the sort of fire they are playing with
when they toy with such a crucial strut to the integrity of our society.
With acknowledgements to Tim Cohen
and Business
Day.