There were two separate court rulings this week which clearly set the cat among the pigeons.
The two prominent judgments triggered anger in certain quarters, with some even threatening violence if some of the orders are implemented in line with the respective court directives.
Of particular significance were Supreme Court of Appeal’s ruling, which overturned the parole that was illegally granted to former president Jacob Zuma by his friend Arthur Fraser, as well as the Constitutional Court judgment that ordered the release of Janusz Walus – a Polish immigrant who fired those fatal gunshots that killed SA Communist Party leader Chris Hani.
There have been some disturbing public reactions to these two judgments. As reported elsewhere in this newspaper today, Zuma supporters are threatening anarchy again should he be escorted back to prison to serve the remainder of his sentence. As much as we are convinced that Zuma already knows that he is not above the law after his imprisonment last year, his supporters must also know they are equally not immune to the law.
The Department of Correctional Services has already indicated it will appeal the judgment at the Constitutional Court – the very same court that sent Zuma to jail. This seems a futile exercise, which makes it difficult to imagine how correctional services hopes to convince the Constitutional Court to overturn the
Supreme Court of Appeal’s finding.
Instead of threatening violence, Zuma’s disciples should be debating other peaceful and constructive measures to assist their hero to stay out of jail.
We agree with those who, for instance, argue the man is too old to go back to jail, although he has been unrepentant since he was granted parole through some underhanded tactics.
Sadly, the man has not behaved like someone who is medically incapacitated since his release. Instead, we have seen him organising media conferences where he has attacked Chief Justice Raymond Zondo and the judiciary, as well as those he perceives to be his political opponents.
We are, however, of the opinion that – besides his folly – correctional services must consider confining him to his Nkandla homestead to serve the remainder of his sentence on humanitarian grounds based on his age.
The SACP, Cosatu and ANC also did not cover themselves in glory in their reaction to the Constitutional Court’s judgment, which ordered the release of that hated Waluz, who almost plunged us into a civil war with Hani’s assassination.
Waluz committed one of the most horrendous crimes in apartheid history. His crime is not by any measure different from those committed by Eugene de Kock – the apartheid assassin who earned himself a nickname of the “Prime Evil” because of the magnitude of violence he meted out on activists.
There were never such massive protestations when De Kock was released. It is because we all understood the country’s laws must be applied equally to every citizen, including those we despise the most.
It is against this background that emotive language directed at the judiciary must be strongly condemned. It undermines democracy and the rule of law.
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