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Now that Deputy Chief Justice Raymond Zondo has successfully secured a three-month extension of the life of the Commission of Inquiry into State Capture he has chaired so patiently and for so long, there is time and space available to complete the arduous work of taking evidence and to prepare the report he has been tasked with completing. Hopefully, there will also be funding.
It needs to be borne in mind that the findings of fact of any commission of inquiry of the kind the deputy chief Justice chairs are not of a binding nature, nor do they, in themselves, entail consequences for those fingered in the final report. In similar vein, the recommendations that any such commission makes do not have to be accepted by the president or the executive branch of government.
There has been a great flurry of commentary on the looming confrontation between a recalcitrant former president and the law. Jacob Zuma’s trashing of the rule of law via his defiance of the Constitutional Court order directing him to explain himself under interrogation at the Zondo Commission has drawn a great deal of comment, most of it reactive in nature.
The true cause of the looming problem is that both Zuma and the current secretary-general of the ANC, Ace Magashule, do not regard themselves as bound by the rule of law and the Constitution. The former thinks the ANC comes first and says so, while the latter assures those who listen to him that the Constitution is not “sacrosanct”.
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In his recent State Of The Nation Address, President Cyril Ramaphosa admitted that the Zondo Commission has exposed a weak and compromised criminal justice system. Ramaphosa went on to point out that the newest hotbed of corruption, that of Covid-19 procurement, had been decisively dealt with by a ‘fusion centre’ of key law enforcement agencies. Paul Hoffman argues that the planned appointment of a National Anti-Corruption Advisory Council will slow the wheels of justice even further. Hoffman suggests that the council should not be necessary and that the fight against corruption should be led by the Constitutional Court. He adds that the criteria for effective anti-corruption bodies have already been laid out and that no statutory body can uphold them, as long as a simple majority vote in parliament can threaten it’s existence. – Melani Nathan