RE: [WDDM] Diminishing democracy in South Africa

["Jim Powell" <autoinfo(at)acenet.co.za>]

Hi Dan,

Thanks for the email

There is no charge for the subscription to
http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71674.

Below is an article by the former President of South Africa, FW de Klerk,
who handed power to President Mandela in 1994

Regards

Jim Powell



FW de Klerk's message to Jacob Zuma
F.W. de Klerk
17 April 2009


The former president calls on the ANC leader to respect the constitution,
and the voters to defend it


THE CONSTITUTION, THE RULE OF LAW AND MR ZUMA

The National Prosecuting Authority's (NPA) decision last week not to proceed
with the prosecution of Mr Jacob Zuma may be identified by future historians
as the point at which South Africa began to stray from the rule of law.  In
essence, the rule of law requires that all citizens should be equal before
the law and that everyone should acknowledge the supremacy of the law.

The NPA's announcement cannot be seen in isolation. It followed the ANC's
decision at Polokwane to abolish the NPA's Directorate of Special Operations
(the Scorpions); President Motlanthe's questionable dismissal of the
previous National Director of Public Prosecutions (NDPP), Adv Vusi Pikoli;
the transparently engineered early release from prison of Mr Schabir Shaik;
and Mr Zuma's comments last week on the Constitutional Court.

The cumulative effect of these developments has been to raise serious doubts
regarding the continuing independence of the NPA and the continuing
supremacy of the rule of law. There is serious reason for concern that
powerful political leaders - and not the NDPP - will in future determine who
will be, and who will not be, prosecuted. All this opens the way to impunity
for those who control the government.

Despite allegations that they were politically manipulated, the Scorpions
fearlessly and effectively investigated fraud and corruption involving
senior politicians and public servants - including Schabir Shaik, Mr Zuma,
the so-called Travelgate MPs and Commissioner of the SAPS, Jackie Selebi.
Their abolition was one of the priorities of the ANC's Conference at
Polokwane.

Adv Pikoli manifested his independence and integrity when he refused to bow
to presidential pressure with regard to the prosecution of Commissioner of
Police Selebi. The Ginwala enquiry - which was appointed by President
Motlanthe as part of the dismissal process - found that he was a fit and
proper person and recommended that his services should be retained.
Nevertheless, President Motlanthe and parliament proceeded with his
dismissal.

This sorry descent from the rule of law has part of its genesis in the ANC's
National Democratic Revolution ideology of establishing hegemony over all
the institutions of the state including "the legislatures, the executives,
the public service, the security forces, the judiciary, parastatals, the
public broadcaster, and so on."
This approach has gone hand in hand with the accelerating deployment of
loyal cadres into key positions in the public service, the parastatals and
the private sector. It is totally at variance with the Constitution which
states that "No employee of the public service may be favoured or prejudiced
only because that person supports a particular political party or cause."
Our courts have ruled unambiguously against the practice of cadre
deployment.

The single most important bastion of our constitutional system is the
judiciary. It, too, is under pressure. At the end of 2005 the government
introduced a constitutional amendment that would have seriously restricted
the independence of the judiciary - but which was withdrawn in 2006 after it
encountered virtually universal opposition in legal and political circles.
However, one of the Polokwane resolutions called for far-reaching reforms of
the judiciary that would apparently include elements of the withdrawn
constitutional amendment.

It is against this background that Mr Zuma's comments last week on the
Constitutional Court must be considered. Among other things, Mr Zuma is
reported to have said 'If I sit here and I look at the Chief Justice of the
Constitutional Court, that is the ultimate authority. I think we need to
look at it, because I don't think we should have people who are almost like
God in a democracy...Why? - Are they not human beings?' Mr Zuma also stated
that the Judicial Service Commission should review the status of the
Constitutional Court.

Mr Zuma's remarks go to the heart of the problem: in our constitutional
democracy the Constitution is supreme - and not the President, the
government of the day or the ruling movement. It is the responsibility of
the Constitutional Court to uphold and to interpret the Constitution. Judges
are chosen with the greatest care through an objective and reasonably
independent process because they are "appropriately qualified" and because
they are "fit and proper persons." They are not - and have never claimed to
be 'gods' - but they are eminently better qualified to pronounce on
constitutional issues than partisan politicians.

The ANC's deviations from the rule of law have led to a flurry of legal
challenges which will drag the courts further into the political arena. Any
one of these challenges might succeed - with parlous potential for
unleashing a serious constitutional crisis. The best way to avoid this would
be for the government to ensure that its actions and policies are
scrupulously in line with the Constitution.

When Mr Zuma becomes president - if, as expected, the ANC wins the election
- he will have to swear an oath that he "will obey, observe, uphold and
maintain the Constitution and all other law of the Republic." A core element
of that Constitution is that "the courts are independent and subject only to
the Constitution and the law, which they must apply impartially and without
fear, favour or prejudice."

Mr Zuma is an affable and astute politician. He may or may not become a good
president. However, whatever his performance he must accept that he is
subject to the law and to the Constitution. Recent developments affecting
the NPA and his remarkable comments on the Constitutional Court raise
serious questions in this regard. An enormous amount is at stake: the
Constitution is the foundation for our national unity: without it we will
disintegrate. It is the assurance of our rights and freedoms: without it we
will descend into the mire of 'Big Man' politics that has blighted so many
other countries in Africa.

I call on Mr Zuma, with all due respect, to consider seriously the oath of
office that he will be required to take if he becomes President of South
Africa.

In keeping with that oath, I call on him to observe the spirit and letter of
the Constitution in all his actions and decisions as President.

In particular I call on him to end fundamentally unconstitutional attempts
to establish party political hegemony over the institutions of the state and
society; and to put an immediate stop to the illegal practice of cadre
deployment.

I call on him to do nothing that will prejudice the independence and dignity
of the judiciary.

I call for a moratorium on the appointment of a new NDPP until the appeal of
Adv Pikoli has been heard.

Thereafter, I call on the government to adopt the recent suggestion of
President Motlanthe that the next NDPP should be appointed by some
independent and objective process, akin to the process by which judges are
appointed.

I call on the government to respect the independence of the NPA and to
ensure that the unit that will be established within the SAPS to replace the
Scorpions will be visibly independent, impartial and effective; and finally

I call on all South Africans to consider the critical importance of
preserving our Constitution when they cast their votes next Wednesday. The
Constitution provides the best assurance for the protection of our rights
and freedoms and for the preservation of our national unity.

Issued by the FW de Klerk Foundation, April 16 2009


-----Original Message-----
From: Dan Smith
Sent: 17 Apr 2009 07:25 AM
To: wddm@world-wide-democracy.net
Subject: Re: [WDDM] Diminishing democracy in South Africa

The link requires a subscription. Can you repost the article here?



On Thu, Apr 16, 2009 at 10:30 PM, Jim Powell <autoinfo(at)acenet.co.za> wrote:
> Hi All,
>
> I would like to get the focus firmly back to Direct Democracy
>
> Recent events have shown that the ANC is determined to take power
centrally
> for itself
>
> An excellent source of information is
> http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71674
>
> Zuma (most likely the next president) has had ovr 700 charges dropped
> against him on the flimsiest of reasons
>
> Regards
>
> Jim Powell