Thanks, it was published in the Sunday Times yesterday. 2009/3/29 thulani kunene <[email protected]>
> > 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 > > > > -- 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] . -~----------~----~----~----~------~----~------~--~---
