Well said comrade.your piece is well researched and thought through.i hope you have sent this piece to media houses because all must read this.
On 3/29/09, Lebogang "HavoK" Hoveka <[email protected]> wrote: > 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" > > > > -- Sent from my mobile device mtkunene --~--~---------~--~----~------------~-------~--~----~ 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] . -~----------~----~----~----~------~----~------~--~---
