Prudence
As we witness the degradation of democracy in the United States, it provides a timely reminder to us here in South Africa that protecting and defending democracy and the rule of law requires continuous work. Regression is possible in developed and developing democracies alike.
Having lived through nearly a decade of state capture and a President who undermined democratic institutions at every turn, we know only too well that building a democracy requires commitment, not only from those in power but from active citizens who demand accountability. It also demands an independent judiciary and a free press. In South Africa the judiciary, the media and an active civil society provided crucial bulwarks during the Zuma presidency.
Now, in South Africa the rebuilding of our hollowed-out institutions is a slow process, with some missteps in between. In general, South Africans are frustrated at the slow pace of dealing with the perpetrators of state capture crimes. This past week saw the Hawks arrest 17 high-profile individuals which suggests that the ‘fight against corruption’ is moving in the right direction.
Of course South Africans would also prefer to see some high-ranking ANC officials arrested. But we should also remind ourselves that the legal process is more pain-staking and less theatre.
The rule of law undergirds any democratic society and a large measure of that is whether the powerful are held to account. The NPA itself enters a delicate phase of the state capture ‘clean up’. It will have to be doubly sure that it prosecutes ‘winnable’ cases or citizens will lose complete faith in that institution and those in power will continue with impunity. Both National Director of Public Prosecutions, Shamila Batohi and head of the NPA’s Investigative Directorate, Hermione Cronje will be acutely aware of this.
As the Zondo Commission wends its way, there is some confusion regarding its role. This week we will take a quick dive into commissions of enquiry - the whats and wherefores?
Also, quite unsurprisingly, former President Zuma is requesting that Deputy Chief Justice Zondo recuse himself from hearing his testimony before the commission. UCT Law Professor Pierre De Vos unpacks it all in an important piece.
For someone who has always wanted his ‘day in court’ and to be vindicated, Zuma certainly is using every filibustering weapon in his arsenal to ensure that he is not held to account.
Again, we are more inured to the Stalingrad strategy than shocked or surprised. MPs returned for a new Parliamentary session this week and so we can expect more legislative and oversight activity in the weeks ahead.
Until next time,
Judith FebruaryPrudence