PARTY

Helen Zille responds to Pierre de Vos

Helen Zille
17 February 2010

Western Cape premier rejects accusations of hypocrisy and double standards

Professor Pierre de Vos has accused me of "double standards and hypocrisy" because of the way I am dealing with allegations of marital infidelity and sexual harassment against MEC for Community Safety, Lennit Max (see here). De Vos notes that I have been highly critical of revelations regarding President Jacob Zuma's infidelity which led to the birth, outside of marriage, of his 20th child. Why have I not been equally critical of Max, de Vos asks.

Firstly, there is a difference between a fact and an allegation. The entire edifice of our law is based on separating the two. Allegations may be true. But they may also be vexatious, frivolous, driven by hidden agendas or part of a smear campaign. That is why our law assumes that people are innocent until proven guilty.

No-one is disputing the facts in the Jacob Zuma matter. Early in 2009, he impregnated his friend's daughter. This means he had unprotected sex with her. The date of conception fell between two of Jacob Zuma's marriages. The baby was born shortly before President Zuma announced his engagement to another woman who will be his sixth wife. All this is "common cause" as they say in law.

In contrast, the allegations surrounding Lennit Max are highly contested. The allegations were initiated by Max's former media officer, Julian Jansen, who at the time faced a disciplinary hearing which resulted in his dismissal and whose case is now on appeal. Jansen alleged that Max harassed two women in his Ministry. Both women strenuously deny these allegations, as does Max. In the circumstances, it is impossible to treat them as if they are proven facts.

In the middle of this polemic, Ms Belinda Petersen, a former junior employee of the Police Services, emerged. She claimed to have had sex with Lennit Max while he was representing her in a disciplinary case on charges of insubordination. Again, Max strenuously denies this. His account is the direct opposite. He says that Petersen made sexual advances to him, after which he withdrew from her case. He has produced an affidavit from a colleague about previous cases in which Ms Petersen has apparently made unfounded allegations of sexual harassment against other police officers.

Until the allegations have been separated from the facts through a proper legal process, it is impossible to work out what happened, let alone take decisive action.

De Vos is correct when he says that an allegation of a senior official having sexual relations with an employee is an issue that would always merit public scrutiny.

It certainly merited my scrutiny. This is why I called in the two women who were alleged to have been harassed, and discussed the matter with them. If they deny it, how can I accept a third party's version? In fact, the women told me they believe the allegations may be part of a smear campaign.

As for the alleged affair with Ms Petersen: Lennit Max was not an official in the police force during 2007. His term as commissioner came to an end in 2003 - four years before he represented Ms Petersen at the hearing. And Ms Petersen waited for another three years after that before she told her story to the Son newspaper. The timing, coming shortly before the Provincial Congress at which Max is a candidate for the provincial leadership, cannot automatically be discounted as a coincidence.

In this kind of context, is it fair to drive this issue in the public domain without establishing the facts? Because there is a difference between an allegation and a fact, the Max matter is profoundly different from the Zuma matter.

But even in cases where marital infidelity is indeed an established fact, some cases cause a greater public outcry than others. If one looks back over the past three decades, there are many revered leaders, from a range of political parties, who have acknowledged sexual relationships outside of their marriages. Some made waves. Others never caused a ripple. The question is: Why are some scandals more scandalous than others?

The answer is contextual.

Let's take the Zuma matter. If an extra-marital relationship involves public hypocrisy, lies or broken promises, it registers higher on the scandal scale. We all know that President Zuma's situation involved all three. After his rape trial in 2006, he apologized to the nation for having unprotected sex, and promised to mend his ways. Over 66% of South Africans subsequently elected him President, without knowing that he had broken his promise even before the election date.

On 1 December 2009 he addressed the nation on World Aids Day, stressing that personal responsibility and change in sexual behaviour were the only viable ways of stopping the HIV pandemic. It later emerged that the daughter from his extra-marital relationship was born shortly before he made that speech. When politicians do not practice what they preach, it also registers higher on the scandal scale.

When they resort to sophistry to justify their actions, the scandal only multiplies. This is what happened when President Zuma played the "culture card" and said that his culture justified his behaviour. Experts in Zulu culture immediately slated this claim, saying that no culture, polygamous or otherwise, justified such actions. Indeed, only weeks earlier, President Zuma had promoted polygamy saying it was better to have multiple legalized relationships than to cheat on your monogamous wife. As he was saying this, he knew he had been cheating on his wives.

Contextual factors either aggravate or mitigate any kind of scandal. Without in any way condoning marital infidelity, it is clear that contextual factors are the reason why some "affairs" make waves, and others remain below the surface. And if it turns out that Lennit Max has been lying to me, his context will change dramatically.

In conclusion the reason I have approached the Zuma and Max issues differently is because I recognize the difference between an allegation and a fact. And it is because I critically evaluate the context in each case. This is what they teach you to do in law school. It is not double standards and it is not hypocrisy.

Helen Zille. Premier of the Western Cape and Leader of the Democratic Alliance

Source: http://www.constitutionallyspeaking.co.za/

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 responses to this article

After I first heard about the Max incident
I also thought that the DA were being hypocritical. Amongst colleagues, I was loudest in my demands that Max should be booted out. And I agreed with Pierre de Vos conclusions that the DA and/or Zille were hypocritical. But in matters like these it is . .more

by Alto on February 17 2010, 14:17
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I heard her explain it this way on the radio last night
Seems very reasonable to me - no hypocrisy whatsoever - just a problem that occured that has been handled quickly, professionally and efficiently. If only the ANC handled their transgressions with such competence.

by Sad Days on February 17 2010, 14:46
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This article explains your stance perfectly (Before this I was truly worried)

Why on earth don't we get the facts in the media? It is such a pity that so many South Africans don't get to read this forum. I now agree with Helen having just read the whole story.

I truly thought that Helen's leadership was faulty . .more

by didi on February 17 2010, 21:18
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Scary...
that some people cannot reason or apply logic. Didi and Sad Days, you needed this soliloquy from Zille before you could logically make the distinction between the 2 cases?

Methinks it's about time logic was intorduced as a subject in SA schools!

by Jean Racine on February 17 2010, 22:01
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logic
"intorduced" --> add spelling and proofreading to that :)

by @Jean Racine on February 17 2010, 23:06
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Lennit Max
Can someone please send this article to Redi Direko so we can have an apology from her too for being very judgemental before the facts were presented. Its time the media started regulating itself with representation of facts rather than forever looking . .more

by Spider on February 18 2010, 02:48
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HZ
This is one seriously competent person. just wish the DA could better market themselves to the black mass electorate

by nm on February 18 2010, 06:29
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cleaving to the facts.
The Times, on 3 February, published a "purported copy" of the notice of birth of the child of the relationship between Zuma and Ms Khosa. It reflects them as a couple married to each other by customary union. Zuma says the child is illegitimate and that . .more

by Paul Hoffman on February 18 2010, 06:39
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Well said, Mrs. Zille!
How I wish all politicians - or at least most of them - were like you! Then we could have a country to be proud of.

by Dr. Angelo Lambiris on February 18 2010, 06:53
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Eloquent and to the point.
Wow, an SA politician making sense. Well I never......

by Dave on February 18 2010, 06:54
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Two wrongs dont make a right
This whole matter arose from radio 702 asking why Helen Zille has not apologised to JZ as a consequence of these allegations against Leonard Max.Lets assume Max is guilty, the question is do two wrongs make a right.We appear to have forgotten that . .more

by Mike on February 18 2010, 07:43
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Helen's reasoning
Well said - I fully support this women!

by Supporter on February 18 2010, 07:57
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Helen
Prof, you want to take on Helen you better be on top of your game. She is seriously competent.

by Dennis on February 18 2010, 08:05
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Hey, SA
This is the kind of leadership you could have had! Instead you chose Zuma. As many people in this country lament: "we sure ain't got no Obama"!

by VJ on February 18 2010, 08:28
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Max
Why don't we wait until the enquiry is over before judging

by erewhon on February 18 2010, 08:29
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@Spider
Why don't you send it to her? her e-mail address is publicly available on the 702 website: RediD@702.co.za

by Airwolf on February 18 2010, 09:05
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DA and ANC
I like Helen Zille's principles and morals.It is amazing how,with these,and clear thinking,she can time and time again show up the ruling party as a bunch of corrupt and amoral buffoons. I can't understand how anyone votes for them.

by Voter on February 18 2010, 09:12
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Well done HZ
An even firmer supporter now... HZ for first woman president

by Brendan on February 18 2010, 09:25
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Worry blanket
After reading this I cannot help but picture the prof cowering in a corner, sucking his thumb and frantically rubbing his worry blanket.

by Darwin on February 18 2010, 09:30
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Zuma's lovechild timelines
Zille is confused. When Zuma's child was conceived, Zuma was not president. The child was born in November 2009, which makes it perfectly logical that she was conceived before Zuma was president. This is not a fact Zille touches on to make her story seem . .more

by The Gr8t on February 18 2010, 10:01
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Slap, slap!
Message to Prof. de Vos: "Don't come to a gunfight armed with a knife!"

Slap, slap!

by Alice in Wonderland on February 18 2010, 10:07
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Oh Helen
Gees, had us worried there for a minute!, all this Max talk was going to make us Zuma critics look at ourselves in another light. Phew!(collective sigh of relief), thanks for saving our blushes Ms Zille, now the stone throwing can . .more

by KhulGaz on February 18 2010, 10:46
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All very well but...
The distinction between unproven allegations and facts is well made. The problem for me, though, was Zille saying that it was a "private matter". I disagree and her acknowledgement that an "allegation of a senior official having sexual relations with an . .more

by Renter on February 18 2010, 10:50
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De Vos must be investigated
I have always suspected that De Vos is not what he presents himself to be! As a Professor of law, I would have expected him to understand the difference between the two cases better than Godzilla. SA is so short of experts that we would accept any quack . .more

by Juju on February 18 2010, 10:51
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Fact vs. Allegation
Thank you Helen, I - and the entire nation - needed that!

by Mike Turner on February 18 2010, 10:58
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The thing is they will not listen and will continue to vote ANC no matter
The ANC can continue to ruin the country and be as corrupt as ever and they will still vote for them. It would not surprise if they all admire Jaocb the Joker for having so many children and wives and girl friends. Is that not what they do? The DA speak a . .more

by They are a waste of time on February 18 2010, 11:11
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ZZZZZ
Dear Helen, if you have to spend this amount of time and space to explain your point then you have lost the argument. Please concentrate on what you are paid to do rather than arguing a lost cause.

by Oom Koos on February 18 2010, 11:20
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Rubbish
Your candidate has had numerous allegations of sexual harrasment posted against him...and you pretend that he is all clean. The President has had the balls to conduct his private affairs in a manner that he deems fit- he has certainly not forced his will . .more

by Raj on February 18 2010, 11:20
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Hypocrisy
It's amazing how HZ is able to connive her way into the hearts of South Africans. She is a very intelligent and eloquent woman, no doubt about that. I am just disgusted by the double standards shown by both HZ and her supporters. JZ was already guilty . .more

by Malome on February 18 2010, 11:20
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Premature E
Daar het jy dit Vossie. Moenie eet voordat jy gebid het nie.

by Voter on February 18 2010, 11:35
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Helen Zille's response to De Vos
Dankie prof jy help die DA met blootstelling.

by Deville on February 18 2010, 11:42
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Go Helen
Helen Zille for president.

by Peter Tos on February 18 2010, 12:16
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Hypocrisy, but not as you might expect
I agree, HZ's description of the differences in JZ vs Max makes sense, no hypocrisy there.

However, this sentence: "Until the allegations have been separated from the facts through a proper legal process, it is impossible to work out what . .more

by Zomg on February 18 2010, 12:34
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Brilliantly argued, well written - excellent
Zille is phneomenal. Glad she's my Premier in Western Cape

by John on February 18 2010, 13:04
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Public Representatives are not entiteled to private affairs
Sorry but due to HIV AIDS no extramarital affair is a private matter between two individuals. Due to the potentially fatal consequences of cheating on your spouse or partner , undisclosed adultry or cheating should be a criminal offence!

by sc on February 18 2010, 13:10
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That's why
Helen is The Boss.

by donovan on February 18 2010, 13:31
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Unfortunate Helen
If Helen wishes to take the high ground she should immediately suspend Max and launch a full scale public investigation. Should Max be guilty, then kick him out. Should someone else be guilty of trying to set him up for the upcoming provincial leadership, . .more

by Ma'at on February 18 2010, 13:33
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I'm a critic
I vehemently criticised the acceptance by DA members to ambassadorial posts and I still do. Her comments on this matter however seems just and fair.
See
http://letterdash.com/g.annandale/the-unquestionable-integrity-of-politicians

by Geanann on February 18 2010, 13:47
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@Ma'at
As far as I know he voluntarily suspended himself.

You simply cannot compare HZ with the other politicians in our country.

by Clear Thought on February 18 2010, 15:05
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@TheGr8t
Too quick out of the blocks mate - Zille nowhere mentiones that Zuma was president when his love child was conceived. She referred to him in his current capacity as President. But then again your emotive, impulsive and ill-considered response doesn't . .more

by Ethene on February 18 2010, 15:15
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Hellen
It is obvious that many of the comments above come from the DA. There is no amount of justification from HZ will convince me and the majority of SAn's that she is applying double standards and that she is a hyprocrite.

She has proved once more . .more

by Pops on February 18 2010, 16:05
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Hellen Zille
Please not all the allegations against Jacob Zuma in the years running up to his appointment were allegations. Now Hellen Zille your own words follow. "Firstly, there is a difference between a fact and an allegation. The entire edifice of our law is based . .more

by Yebo Gogo on February 18 2010, 16:35
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Lennit Max
BTW - Why did Lennit Max have to take special leave to sort things out.

by Curious on February 18 2010, 16:43
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not wit or nit wit
@ pops...what a pleasant surprise that you and the majority agree that HZ is not applying double standards or being a hypocrite

by voter on February 18 2010, 16:56
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Raj
Hey Raj, I don't think that anyone is disputing that JZ has balls...as a country we're pretty much resigned to that fact by now....Neither are we castigating JZ for having consensual sex. What we are a tad worried about is that he preaches one thing about . .more

by CM on February 18 2010, 17:26
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@Paul Hoffman
"... It would be political suicide for Max to admit any of the tabloid allegations of sexual improprieties against him, even those that make his earlier denials of contact seem somewhat hollow. Until the competing versions in both matters are subjected to . .more

by Jeff on February 18 2010, 18:18
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@Yebo Gogo
" He was never proven guilty and denied a chance to prove his innocence. The rape trial in which he was found NOT GUILTY was just part of the broad smear campaign..."

He was never denied a chance to prove his innocence, he avoided going to trial . .more

by Jeff on February 18 2010, 18:35
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HZ vs JZ
Now you know why JZ did not want to enter an election debate.... she'll be running circles around him

by Christo on February 18 2010, 19:29
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pure fact
Helen for president. recall the the class clown.

by pops, there are none so blind as those that will not see on February 18 2010, 20:30
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HZ vs JZ 2
hmmm
Helen Zille ---> *debatable* hypocrisy
JZ ---> 20 kids, sleeping with friends' daughters, PROVEN corrupt friends, arms scandal, delay tactics for court, spy tapes on Mbeki, costing the taxpayer millions for his wifes&kids.

I can . .more

by ME on February 18 2010, 20:42
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@ Jeff
I defend my position with Hellen Zille's own words. - "Firstly, there is a difference between a fact and an allegation. The entire edifice of our law is based on separating the two. Allegations may be true. But they may also be vexatious, frivolous, . .more

by Yebo Gogo on February 18 2010, 20:58
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@Jeff
"Futhermore, HZ has suspended judgement until the Max saga is completed" So hellen Zille suspends judgement in the case of max, but in the case;s of Zuma all prejudice including her own is welcome. - Surely Double Standards. - Plain as day.

by Yebo Gogo on February 18 2010, 21:04
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suspending Judgement
In matters pertaining to Jacob Zuma. The opposition or media has never entertained the Idea of suspending Judgement untill a legal outcomes are known. No No No. But for their own cadres suddendly all is sacrosanct. Ha Ha Ha. Very Funny. - Don't know . .more

by William Done on February 18 2010, 21:11
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President of the Republic of South Africa
It's absolutely clear that South Africa needs a very different president, a capable and trustworthy man or women. No need for any unappetising anecdote and legal "twist".
South Africa's problems are of such a magnitude, demanding excellent . .more

by Klaus in RSA on February 19 2010, 00:58
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suspending judgement
@ Yobo Gogbo and William Done...presumably you are familiar with the expression "the straw that broke the camels back" because it is relevant in this case. Lets consider some recent facts:

Fact - Zuma had unprotected sex with a friends daughter . .more

by spectator on February 19 2010, 06:59
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@ Sad Days
Imagine Lenit Max was an ANC appointee....would "innoncent until proven guilty" still apply or would it a case of "where theres smoke...?"

Accepting HZ too easily ol chap....recall she said it was a "private matter". Sleeping with your working . .more

by Sarel on February 19 2010, 13:38
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E-pos - Helen Zille
Sal u so gaaf wees om ons te laat weet na watter e-pos adres 'n mens 'n artikel
kan stuur ?
Baie dankie - groete - Francois de Kock

E-pos : jbffruits@cybertrade.co.za

by Francois de Kock on July 26 2010, 20:15
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