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ANC won’t stop Zuma trial – Bizos

Publish date: 14 January 2008
Issue Number: 1985
Diary: Legalbrief Today
Category: Corruption

Leading human rights lawyer George Bizos, who along with former Chief Justice Arthur Chaskalson recently felt compelled to issue a statement deploring public pronouncements questioning the integrity of the judiciary in the alleged Jacob Zuma corruption matter, says he doesn’t believe ‘there is any fear that the ANC will attempt to block the trial’, which is set down for 14 August.

In an interview in the So Many Questions feature in the Sunday Times, he warned, however, that statements that unjustifiably question the integrity and impartiality of the judiciary ‘are harmful. People start not having respect for judgments and rulings, and it’s the beginning of a process that can do tremendous damage to democracy’. Nevertheless, he does not believe those who attack the integrity of the judiciary should be charged with contempt except ‘in very rare circumstances’. He added: ‘I think the judiciary relies on the integrity of the media and well-informed people and commentators to defend (it).’ Full interview

On the broader issue of the stand-off between the NPA and the police, a Sunday Times editorial says that although in any functioning democracy, there are healthy tensions between different law enforcement agencies as they compete to serve the state and secure public resources, but what’s been happening in SA ‘is the stuff of banana republics’. It adds: ‘Now there is a chance for some of the damage to be repaired. The NPA must move quickly to charge Selebi and present its case in court. By presenting its evidence – on both Zuma and Selebi – and allowing justice to be seen to be done, the authority will do much to undo the perception that it is simply being used as a political tool by Mbeki. The NPA has taken too long to move decisively on both cases, and spent too much time talking to politicians.’ It points out that Mbeki, Zuma, Justice Minister Brigitte Mabandla and her Safety and Security colleague Charles Nqakula, who have so far dismally failed to show any leadership during this damaging period, now have the chance to ensure that the law can take its course. Full Sunday Times editorial

Analysts say judges should be trusted to adjudicate fairly. ‘Since 1994, the courts have generally demonstrated their independence and expertise,’ Shameela Seedat, of the Institute for Democracy in SA, is quoted as saying in a Mail & Guardian Online report. ‘If inappropriate statements are made that impact negatively on the integrity of judges ... it could be seen as an attempt to undermine the set of conditions required for the judiciary to conduct their work independently.’ Jake Moloi, of the Institute for Security Studies think tank, said unfounded criticism of the judiciary would do larger damage. ‘If we try now to denigrate the judiciary in this young democracy ... that really is a very big cause for concern,’ he said. Full Mail & Guardian Online report

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