Dear Comrades,

Sometimes we take a moment to reflect back where we come from. There are two
things one needs to say about the particular subject below about this. The
YCL and the ANC YL are strong when united jointly and severally. This is the
message one has to express today to youth. Secondly, beware to so-called
"independent experts", including "learned friends" who are "constitutional
law experts". I wish Pierre De Vos can write a reply to history. His
"expertise" reminds me of the profound statement made by the historical
leader of the Cuban revolution, Commander-in-Chief Comrade Fidel Castro when
he said before a jury: 

"History will absolve me."    

Yet people like Pierre De Vos continue to be paraded on our radio waves,
television screens and of course in their media.

Let no one ever think that such individuals, no matter how they are masked
in titles and qualifications hold political views and seek to win space for
them by whatever means available to their disposal including those
camouflage. 

Indeed "History will absolve me".

Alex Mashilo

 

 

 

"The double standards of Jacob Zuma supporters

 
<http://constitutionallyspeaking.co.za/the-double-standards-of-jacob-zuma-su
pporters/> Sep 10th, 2008 

By
<http://constitutionallyspeaking.co.za/the-double-standards-of-jacob-zuma-su
pporters/> Pierre De Vos. 

We are often told that Jacob Zuma has a right to be presumed innocent until
proven guilty. Some go further and argue that we are not allowed to make any
adverse ethical judgment about the President of the ANC because if we did
this we would be infringing on his right to a fair trial (and sometimes,
sommer his right to dignity and privacy as well).

As I have argued before, this kind of reasoning is based on a complete
misunderstanding of the right to a fair trial guaranteed by the
Constitution. The right to a fair trial includes the right to be presumed
innocent by a court until such time as the state has proven its case beyond
reasonable doubt. There is no right in the Constitution not to be charged or
to be presumed innocent by ordinary citizens after one has been charged.

But if we take these supporters of Jacob Zuma at their word and if we
presume that they really believe only a court of law can make any value
judgment about the moral character of Jacob Zuma, then we should at least
expect some consistency from them. This consistency is, however, often
spectacularly lacking.

Such a consistent position would require all of us not to prejudge the case
against Mr Zuma and not to jump to any conclusions about either his guilt or
his innocence. Instead, some of his supporters seem to have concluded that
Mr Zuma is innocent, no matter what might be shown before the court. They
really do not want any facts to get in the way of the perks they see
glimmering on the horizon. Why bother with facts if bluster will serve you
just as well.

I was therefore not surprised to read that Young Communist League (YCL)
Gauteng secretary Alex Mashilo believes that a "sober judge" will scrap
corruption charges against African National Congress president Jacob Zuma.
<http://www.thetimes.co.za/News/Article.aspx?id=839664> According to The
Times he said:

"We believe the court will be sober. No sober judge will be ruling in favour
of the prosecution. The NPA [National Prosecuting Authority] has violated
its own rules. There is no way that the judge can find in favour of the NPA.
If the court rules otherwise . we will unleash a mass struggle campaign,"
said Mashilo, explaining this meant that they would hold marches and
pickets. We will mobilise all our resources to make sure the case comes to
an end."

If Mr Zuma must be presumed innocent of any wrongdoing, surely so does the
NPA? Someone should tell these youngsters that it is not for the YCL or
anyone else to decide how the judge should rule. I suspect Mr Mashilo is not
a lawyer either, so he cannot even be said to be reverting to informed
speculation. Wishful thinking is more like it.

The same argument holds for all those people who claim Mr. Zuma's rights
have allegedly been violated. Only a court of law can make a definitive
finding on this matter. If a court finds that Mr Zuma's rights have been
violated and - very importantly - that such a violation has made it
impossible for Zuma to receive a fair trial before an independent and
impartial judge, then fair enough: we can all go home  then and Mr Zuma can
pack his bags for the Unions buildings instead of for Polsmoor Prison.

But a court may well find that there was no breach of Mr Zuma's rights or
that even though there might have been a breach of his rights, he will still
be able to receive a fair trial. Then Mr Zuma should surely "get his day in
court" to determine whether he took all that money from a convicted
fraudster and did favours for him with or without the intention to be
corrupt and fraudulent.

I am obviously being ironic here, because there is as slim a chance of the
Youth League types accepting a court verdict against Mr Zuma and singing the
praises of our independent judiciary afterward as there is of me winning the
Miss World competition. (I would probably be able to pull off the interview
section, explaining - as those competitors all do - how I will fight for
world peace and the children, but Iet's face it, I probably won't be able to
pull off the swimwear section of the competition..)

Reading statements like that of Mr Mashilo reminds me again what a
wonderfully free country we live in. In our beautiful democracy even a
youngster like Mashilo is free to make an ass of himself and be qouted
respectfully in the media nevertheless. Viva democracy.

http://constitutionallyspeaking.co.za/the-double-standards-of-jacob-zuma-sup
porters/

 

 

 

 

 

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