

Zuma’s legal worries

Back in the dock?

A court ruling may put South Africa’s president in a tight spot

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Readers' comments



The DA carries on and on about Pres. Zuma that is so bad, when in fact, he is a moderating force in South African politics. He allowed South Africa to gain entrance to BRICS and he put down a political revolution by Julius Malema, a self-styled Che Guevara that believes in total state control and that hates everything about the West, except its BMWs and luxury goods. The fact is Mr. Zuma is 10x better than a Communist called Zwelinzima Vavi, who has caused South Africa to lose billions of work days in strikes and better than the other forces of black racism and nationalism. Zuma is a moderate. Very peaceful compared to the rest.

Paul Kruger in reply to WM750

The DA wants Zuma in court in my view.

But other wrongs are not taken to court.

Let me give you an example of current happenings in SA:

If this is Afrikaner right wing mentality then I'm afraid.


Lets all as Africans embrace and celebrate SA not have our children go through this nonsense in my view as some White parents send their children in SA to Cadet Camps.
This is backward thinking I believe.

Why not take these people who act in this manner to court. DA who do you actually take to court in all honesty?

Plen in reply to Paul Kruger

Interesting statements you have:

"The DA wants Zuma in court in my view.....But other wrongs are not taken to court".

Have you ever stopped and looked at this set of words? Can you not see the issue?

Our belief is that ALL wrongs should go to court. But the fact that A gets its day in court before B is charged should not exempt A?

Paul Kruger in reply to Plen


Explain to me why you think this DA of yours which I call a "Tiny Minority Party", is not taking these Racist White Afrikaners or Boers are some call them,


And stop just opposing just for the sake of opposing even if your argument is "weak".

All suspected of criminal activities should be taken to court.

Not just drum around ANC or Zuma.

Take these so called "BOERS" who are feeding these children Hatred to court as well. Open your eyes and stop defending DA even when they are wrong.

Last week this DA leader (Helen Zille) called African children "REFUGEES" in their own Motherland (South Africa)
Now you want to defend?


But one day South Africans must stop this mentality. People we are all equal.

What are you defending there Man?

WM750 in reply to Paul Kruger

"People are equal", but the new South African labor laws of the ANC are the most racist laws on the face of the earth, discriminating heavily against whites... so we are not really equal are we? Some are oppressed by the majority.

Paul Kruger in reply to WM750

You know as well as anybody that White Afrianers (Boers) benefited from the evil Apartheid Regime which served the White Minority well and descriminated against us Blacks.

Now you come here to say that the Black Empowerment Employment policies are wrong?

Whites in SA live in Posh Surburbs that Apartheid engineered.

Whites were favored (SA whites)

Now when the Government empowers Blacks then it doesn't suit you. Wake up man.

Stop living in ill gotten wealth.

South Africa belongs to all !!! Blacks included.
Not just the White Minority.

WM750 in reply to Paul Kruger

You were the people that were keen on war for hundreds of years and not on schools, you brought everything upon yourselves. Take personal responsibility for your hostility towards everything modern.

WM750 in reply to Paul Kruger

SA Blacks must take responsibility for denying South African whites all the rights in the world when they first settled in South Africa, such as buying land, starting up schools, building ports, universities, roads, railways, emigration and immigration freely, founding cities, building churches, basic human rights which everyone else enjoyed in the world. Whites had no human rights when they first settled - they were treated badly by black tribes. Remember?

WM750 in reply to Paul Kruger

While the rest of the world advanced from 1652 to 1900 - black tribes owned no trade ships, no schools, didn't want to engage in trade internationally and waged never ending wars against Europeans. Black tribes were closed to any new European ideas, except the way of the warrior.
The world advanced: engineers, doctors, artists, scientists, mathematicians, came and went, building great cities, great businesses. All those hundreds of years were lost.
You will never accept that was your own fault. You did not want to accept foreign ideas or foreign cultures for centuries. By 1900 you had adopted very few foreign ideas of other cultures in the rest of the world.

Paul Kruger

Now you can see that they are not really interested in Justice and fairness. Their ideas of who should be advantaged in SA comes first.

Even if Zuma is to stand trial again he will not be found guilty again so whats the point of accusing him over and over again, just because elections are underway again.

SA has bigger problems that Zille's cry baby approach.

Plen in reply to Paul Kruger

Interesting logic you have. So even if Zuma has really committed a crime, it's not really worth trying to get him to face justice.

You should read up a little history of various nations when their leaders become criminal and brush aside the law - these nations normally foster internal terrorism. Do you really want small groups in SA to take up arms because they feel the law is not being applied?

Paul Kruger in reply to Plen


You seem to uninformed in my view.

Let me help you.
You will remember that our President has been to court on numerous occasions to face these so called ''charges''.

He was declared not Guilty

What more do you still want?

He's been there.

Plen in reply to Paul Kruger

Uhmm to the best of my understanding, he was never declared Not Guilty. Instead the charges were simply dropped on a technicality. In fact, I believe that is what the Economist story states.

Paul Kruger

the DA politics and their ''Stop Zuma'' mantality make us 'sick'.

One can better understand this DA party, so called opposition if one looks at current news in SA.

for example





This gives a much broarder approach the DA and Zille's tactics in my view as South African.

Plen in reply to Paul Kruger

It is unfortunate that you fell "the DA politics and their ''Stop Zuma'' mantality make us 'sick'.".... Considering you are posting on an international site, you should take the time to see the politics of other developed countries. You will see that the role of the opposition party is to appose - normally by going after the leader. This is all very normal in developed democracies.

Unfortunately using the statmente, "racist" in the context that you have has lost its impetus, and is only seen as Africans using the "racist card" when they get caught out. The apartheid government was a disgrace but the current single party democracy and its leadership is showing equal disgrace.

Paul Kruger in reply to Plen


Don't just oppose for the sake of opposing

Opposition should have a balanced view. In South Africa you have a country that was divided among Racial lines and hence people still vote along Racial lines. This can't be optimal.

The DA to me represents a tiny party trying to oppose Transformation of South African. e.g. They oppose Black Empowerment policies and so on right?

Now how do you balance the scale when some sections of our population are Beneficiaries of Apartheid. Black children in poor living conditions while whites favored by Apartheid, they today live in Posh Suburbs, with Swimming pools and what have you.

Is this fair?

People should succeed without being favored.

Level the playing field, then tell us to forget about the past.

Plen in reply to Paul Kruger

Actually many parties do appose for the sake of apposing - it is a little irritating, I admit, but it is a way of always distancing yourself from other parties. It is still healthy democracy at work. If one heard only the voice of one party it would not be a healthy political environment.

I don't know why the DA apposes black empowerment, it may have something to do with (I hear) the program has being abused. I believe Thabo Mbeki stated something to that point (BE being abused).

The DA may represent a tiny party but they have, with other parties, effectively stopped an ANC 2/3rds majority needed to alter the constitution. That states that they do represent a significant proportion of the population and their opinion should be heard, and that the process of transformation should not be left solely to the ANC.
Again, the concept of healthy democracy.

I am sorry you see the current conditions purely in a black, white, rich vs poor situation. I believe that one has to also see that the whites have the benefit (or advantage) of a better education that adds value to society (and wealth). If one compares the proportion of tertiary education among the races, one sees a clearer picture of who is getting ahead. There is a long route to go before a generation of black people have equal or higher education to the whites and add significant value (in order to make wealth). Please note – I do believe there is already a significant group of well educated black people who are already adding value and in turn earning impressive salaries.

It is in everybody's interests to make everyone richer in South Africa. Currently South Africa has approximately 50 million people but has an economy the size of Belgium (tiny economy). If SA can make all its people wealthier, the bigger its economy and the better for everyone. Simply taking from rich to poor is not going to work (economics is not a zero sum game).

Unfortunately this kind of transformation literally takes generations.


I humbly and respectfully disagree with the Honourable Justices of the Supreme Court of Appeal. My reasons in summarized form are based on the following:

(1) Decisions to institute or continue a prosecution (and by necessary implication) to discontinue a prosecution are not reviewable under the Promotion of Administrative Justice Act (PAJA). The reliance on that section by the Democratic Alliance was incorrect.
(2) The Democratic Alliance has no locus standi, which ought to be the first determinant prior to the interrogation of any other factual disputes.
(3) The Court erred by stating that indeed all South African citizens have been denied their right to equality. Not all South Africans were suspects in the Zuma matter. However, had the DA been acting on behalf of Schabir Shaik, it could then have advanced unjustifiable differentiation between persons in the same group or class of persons.
(4) There was absolutely no need escape to the contextual and deference canons of interpretation when an act of parliament is clear and categoric of its inapplicability.
(5) Rule 53(1) of the Uniform Rules of Court commences with a proviso that save as otherwise provided for in any other law. Surely any objective person reading that would have known that a Rule 53 review too was out of the question.
(6) As for constitutional supremacy. Section 33 of the Constitution enshrines the right to just administrative action. PAJA was promulgated to give effect to this right. PAJA then excludes prosecutorial decisions from the ambit of judicial review and that is where the matter ought to end. To quote cases of the pre 1994 era and to run to the common law powers and inherent powers of court in cases where there exists no ambiguity, no mischief, no confusion, is mischievous in the extreme.
(7) How will a reduced record (which in any event will contain a summary of the representations made by or on behalf of Zuma) assist in satisfying the rationality test? Why must Zuma always be the one to sacrifice his privacy?.
(8) Zuma at the time of the withdrawal of these charges was an outcast, he had survived allegations of rape, he was belittled in the eyes of the public as dancing, unruly moron. His finances were the subject of ridicule. Is that a powerful person?

It is time the Courts applied the law justly, fairly and reasonably. I am against reviews of Constitutional Court decisions but what makes the rule of law inapplicable to the judiciary?

Brenda Wardle (LLB LLM UNISA)

WM750 in reply to guest-illeoss

There was a lot of political interference and games at the time. I think Zuma himself was fired as Deputy president without even defending himself in a court. They reduced his income to zero and kept him tied up in courts to bankrupt him. It was all political games to get him out of the way. The DA knows this, but now opportunistically wants to throw the book at him.

WM750 in reply to guest-illeoss

And if you consider Zuma himself never went to school, his parents were too poor. What does he know about finance? He worked as Deputy president, he had a financial adviser that were found guilty of corruption and now they want to charge Zuma with corruption. It is not a very fair deal that they want to hand him. A lot of what he has done as a president and as then deputy president has been bravely done, with the little education he has - he received none under difficult years of early apartheid. I doubt whether he had any clue where money he received from his financial adviser came from - whether he even looked at financial statements or understood them. He got South Africa into BRICS - he was the one that kept on championing BRICS. Now the DA wants another court case, which will destabilize an already unstable political situation. Some in the ANC want to seize all land, mines and banks. Zuma is keeping them in check. Barely.

WM750 in reply to Plen

The DA wants to get him out now as soon as possible to score political points, while they could actually just delay a court case against him till the end of a second term. The DA wants to take risks with unknown Communist or pro-socialist leaders. There is probably 30% pro-capitalist leaders in the ANC, at least 40% Communists and 30% democratic socialists. Times are hard and there are many dangers. "Don't change horses in midstream" Abraham Lincoln once said. Zuma is pretty harmless and quiet. If a new leader arrives on the scene, there is a 3 out of 10 change he will be very sympathetic to capitalism.

Paul Kruger

The DA here has done well maybe but they won't be given the whole docements, so the pieces they will be shown could be very misleading.

Anyway today in South Africa Ms Helen Zille has deeply hurt the African people by calling those black children ''REFUGEES'' in Western Cape, when those poor children are just seeking enrolment in a school which happens to be in the Cape.

Be the judge as far as her (Madam Zille's) politics or that of her party, the DA are concerned.

I thought Apartheid was over and today we are still called Refugees in our own country. Ja

Anyway the DA might as well use it's power and get win all court battles. One day our Judiciary will also be represantive of the Black populance, the Judges who were employed in those high positions during Apartheid are still serving and serving very high positions.

Be the judge again!!

These are my views

Plen in reply to Paul Kruger

.... so what you mean to say is... "One day our Judiciary will also be represantive of the Black populance,"... and the rule of law will be thrown out the window.... is that not the excuse by the racists for upholding apartheid? to prevent the Africans from installing anarchy?

If Ms Zille has broken the law, then surely the courts can over rule her.... or don't you believe in the concept of law?

Paul Kruger in reply to Plen


Why do you fear balancing the demographics in our Courts too. SA is a democracy in case you forgot.

Apartheid Appointed judges can not serve us equally.

The rule of law is what the ANC fought for, unlike the White Minority Regime called Apartheid Government which served the whites better than anybody.

Tell me that you are thankful that ANC fought this evil Apartheid System.

Courts should reflect us SAfricans not a tiny 'White Minority' as some say.

I believe in equality.

We fought and defeated the evil White Rule of Apartheid.

Now we need all of us to be equally represented including the White Africans.

Apartheid was evil!! I tell you!! And those who still hold on to it!! Ja!!

Paul Kruger in reply to Plen


Is this your idea of rule of law. See why people should change and let go of their White Afrikaner right wing mentality


This is backward thinking I believe.

Afrikaners must just embrace our Democracy and we all of us, must live in our lovely RAINBOW NATION.

Plen in reply to Paul Kruger

Paul, You hit two nerves in your responses:

"...Courts should reflect us SAfricans not a tiny 'White Minority' as some say..." you seem to imply that the tiny white minority should not be heard and hence their minority rights should be brushed aside mainly because of their history.

"....Lets all as Africans embrace and celebrate SA...." you are right.

But the video clip you have just shown me raises more startling and scary thoughts. That footage appears to show the beginnings of a terrorist guerilla movement in the making.

All around the world, guerilla movements start, mainly because the voices of the minority groups they represent have not been heard. And sometimes, it is a minority within a minority (ie: a minority within the whites). The biggest problem is that once they start, to stop the terror becomes unbelievably difficult. Take look at the FARC movement in Colombia - how the FARC has terrorised a nation and for how long they have existed (they have still not been disbanded).

You point to the white minority as not being as important as the majority, but keep in mind that the white minority are by far and away the biggest tax contributors in South Africa (check your own Ministry of Finance internet site). If that minority feels that both their rights are not being respected and they are paying the bills for what they may perceive as bad governance - you have the recipe for a serious economic disaster. Throw in the potential of a smaller minority within the whites starting a guerilla/terrorist uprising and South Africa may be destined to face the same harships as many regions of the world, Colombia, Sri Lanka, Northern Ireland, etc, etc.

Have you ever considered what are the main worries facing the minorities in South Africa? We take minority rights very seriously in this part of the world, that is how we ensure a stable democracy.


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