President Zuma comments on separation of powers grossly hypocritical

12 January 2015

President Jacob Zuma has absolutely no credibility on the Separation of Powers and equality before the law as he and his government are the chief proponents that have seen the almost total destruction of the Separation of Powers and the distortion of our constitutional order.

Speaking yesterday at the 103rd birthday celebrations of the ANC, President Zuma ventured into the territory of equality before the law.  Quoting from Clause 5 of the Freedom Charter, President Zuma said:  "A key cornerstone of any democracy is an effective, independent, impartial and accessible justice system. We must remain steadfast in our efforts to protect the separation of powers between the executive, the legislature and the judiciary. " 

This is rich coming from a man who has spent a considerable amount of time, effort and taxpayers money trying to destroy the separation of powers at every possible opportunity.  One only has to look at how he failed to deal with the report of the Public Protector and the Nkandla debacle to understand that he has neither a grasp of the principle of the Separation of Powers, nor any respect for the concept.  

The National Prosecuting Authority (NPA) lies in tatters due to his overt political interference in that institution, calculated to protect himself and his cronies. The sorry tale of the hand of Zuma is well known and it is unnecessary to repeat it here. The South African Police Service (SAPS) has been rendered ineffective and directionless to ensure the protection of himself and his cronies. Similarly, the latest developments in the Hawks, and the attack on unconstitutionally suspended Hawks Boss, Anwa Dramat, are clear indications of this political interference to protect himself and those close to him.

The same saga is playing out at SARS as we speak, again to ensure that himself and those close to him are kept safe from investigation and prosecution by the taxman.

Of greater concern, the President went on to suggest that the "mind-set" of those interpreting the law should be changed. The South African Judiciary enjoys a solid reputation and is held in high regard both here and internationally.  And rightly so.  To suggest differently is nothing short of contemptuous, and the President should give some thought to withdrawing his ill-considered comment.

This plays into a long-held contention, held by the DA, that the ANC in government seeks to get a two thirds majority in order to use its majority to change the Constitution. 

It is therefore apparent  that the "mind-set change" to which the President refers is a thinly veiled suggestion that the Judiciary is currently "too" independent and should become more flexible in favour of the ANC and the corrupt activity promoted by the government of the day.  This comment by the President was prompted by the fact that the Judiciary in fact does apply the law without fear, favour or prejudice, and this does not suit the President or the ANC. It is because the Judiciary cannot be influenced that the other institutions in the criminal justice system must be destroyed, to circumvent the authority of the Judiciary.

The President has abused his position for years to avoid criminal prosecution, and has taken care of his cronies in this regard as well.  The "parole" of Shaik and Selebi are just two examples of how those close to the President are not equal before the law. 

Before the President started his noxious efforts to destroy the NPA, the prosecutorial services of this country were world class.  The fact that this may no longer be so is entirely thanks to President Zuma and the ANC in government, and nobody else.  Again, he destroyed an institution in order to shield himself and his cronies.  It is clear that he intends to continue to do so until there is no state institution left that might be in a position to investigate or prosecute himself and his friends.

President Zuma has demonstrated nothing but contempt for the Rule of Law and the principle of Separation of Powers.  A clumsily-worded speech is not going to convince any South African differently.

Statement issued by Glynnis Breytenbach MP, DA Shadow Minister of Justice, January 12 2015

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