Zuma is undermining the Constitution & the Judiciary once again  

8 April 2016

The ANC must explain to South Africa how it is possible to go outside the law to solve the land issue in our country. Mr Zuma told the House of Traditional Leaders, during a meeting with them in Pretoria, that he would “be very happy that we solve the African problems in the African way because if we solve them only legally they become too complicated. Law looks at one side only, they don’t look at any other thing.” Is the African way antagonistic to the constitutional way?

Once again COPE questions why Zuma is failing to “uphold, defend and respect the Constitution as the supreme law of the Republic.” Is there any other way but the legal way to solve the land problem? Why is Zuma casting doubt on the efficacy of solving the land problem in a constitutionally acceptable way? For how long will he be permitted to undermine the Constitution?

The land issue needs to be resolved substantially and swiftly but in a manner that has to pass constitutional muster. For Zuma to complain that courts “deal with cold facts” is to attack the very essence of approved judicial processes. Courts interpret the law. Mr Zuma and his government make the law. He must not use the courts as his scape goats. Courts will do what courts have to do: sift facts on the basis of evidence and pronounce on the legality of the issue in front of them. By repeatedly calling into question the operation of courts, Zuma is suggesting that judges must make judgments outside the parameters of the law. That will require courts to stray into the arena of politics. Zuma has no appreciation for the separation of powers. He wants to do to the judiciary what he has already done to the legislature: direct how it operates. How can any president make such an outrageous suggestion?

The problem of land is not that of the judiciary. Mr Zuma and his government must provide a clear policy on how it intends resolving the matter. He must take full responsibility for not having achieved more in that regard. Had Mr Zuma effected a 60% reduction in the size of government; and had continuously waged war on waste and corruption, a substantial amount of money would have been freed up to resolve the land issue. The ball is in Zuma’s court. He needs to spend taxpayers’ money outwardly and not inwardly as he has been doing seeing he took charge. The very expensive government he created has consumed resources and thus stymied land reform. 

Zuma must not duck his responsibility. Uncertainty chokes investments in our country. Encouraging traditional leaders to pool their resources to fund a legal challenge contradicts his earlier view of courts judging on the basis of cold facts. Why does he want them to go to court when he casts doubts on judicial processes? Is Zuma just playing for time and kicking the can down the road to become someone else's problem? That is what he is doing.

Traditional leaders must clarify with Zuma whether they should go to court or camp outside his door to get a political solution. They will need to ascertain whether it is the courts that will solve the land issue or whether it is government that will have to do so politically. Zuma is ducking the issue and in the process devaluing both the Constitution and the judiciary once again.

Issued by Dennis Bloem, COPE Spokesperson, 8 April 2016