To argue public-interest in the discourse over the Jacob Zuma-NPA matter is one-sided and lays bear our obsession with personalities and exposes how we collectively suffer from the paralysis of reason. The popular sentiment in this matter is but another example of how we pull the “public interest” card every time we violate individual’s rights in order to feed our dissipated public curiosity and speculation. And so, similarly, we expect that for Justice to be seen to be done, Mr Zuma must hauled before the courts, regardless of the fact that all other citizens enjoy the right to make representation- in confidence- to the NPA.
English Marxist Philosopher, Alister Mackintyre, would most certainly have described the situation as fragmented, incoherent, and conflicting, with no standards that can be appealed to in order to adjudicate their truth -or at least have no standards that all those involved in the dispute will be willing to accept- since any such standard will presuppose the truth of the contending positions. The truth in this game of legal brinkmanship, without even considering the evidence, is that the state acting in the public interest has overplayed its hand. Mr Zuma simply has the first mover advantage, which is perfectly within his rights, he is an accused and the burden of proof lays with the state- not him! Why then, must Mr Zuma be the sacrificial lamb for justice to be “seen to be done” simply because he is a President in waiting? The advent of Justice and it being seen to be done must not be treated as mutually exclusive events. For justice to be seen to be done, it presupposes that the course of justice itself has already taken place. And therefore, the entirety of the justice process must logically entail the conclusion that justice is done, only then can it be seen to be done. The type of Justice that people want for Jacob Zuma no longer has anything to do with the truth, reason or the law, it is simply demonstrates an ‘epistemic’ laziness to confront the reality that we face a constitutional conundrum. In considering whether justice is done we must strike a balance between the rights of and circumstances of the accused, the nature of the offence, the state's case and the public interest in it. It would simply be a travesty of justice if we allowed our mob psychosis and public vigilantism to reign supreme by asking Mr Zuma to step down. There is no doubt that there is great public interest in the matter but such interest must not supersede the right of Mr Zuma to be treated as equal before the law. Going to court without considering his submissions, would set public interest above his personal rights, a practice inconsistent with the constitution and the NPA Act. It is the duty of the NPA and the Department of Justice to promote confidence in the Justice system, that duty must not be relegated to Mr Zuma; he is an accused, his is to defend himself- nothing else! He cannot be asked to promote the same interest of the public and state in prosecuting him. It would be legal dilemma, a new ‘double-jeopardy’ and a point of mutually assured destruction for our constitutional democracy. If we are truly committed to the truth, the only sceptic solution to this brinkmanship is that the NPA must drop the charges, this has nothing to do with political solutions, it is reality. Allowing the NPA to consider dropping the charges is not only in Mr Zuma and the public’s interest but also in the interest of justice. Hoveka is a researcher for the ANC in parliament. He writes in his personal capacity. End- -- Lebogang Hoveka ANC Caucus Researcher Economic Transformation Cluster Office V243 Old Assembly Building Parliament of South Africa Cape Town 8000 Office Tel: (021) 403 2231 Work Cell: 082 309 8183 Personal: 083 570 2251 "Those who feast on the fields of other are often forced into gesture of friendships they do not desire" --~--~---------~--~----~------------~-------~--~----~ You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] . -~----------~----~----~----~------~----~------~--~---
