Last week one could almost see President Ramaphosa’s smile behind his mask when three important Court judgments went in his favour; irrespective a lot of controversy. On Tuesday, 29 June 2021, ex-President Zuma was summarily sentenced to imprisonment without trial by the Constitutional Court for contempt of court. Two days later, on 1 July 2021, not only did the Constitutional Court clear him from CR17 wrongs, but the Supreme Court of Appeal referenced to the Zuma judgment of two days’ prior to conclude that LFN President Reyno De Beer was contemptuous towards the SCA without De Beer, like Zuma, ever having the opportunity to state his case either.
The five SCA judges Navsa, Ponnan, Mbatha JJA and Rogers and Unterhalter AJJA in their purported judgment instructed the SCA Registrar to refer the judgment to the National Director of Public Prosecutions, Adv. Shamila Batohi, for her consideration. However, they already stated that De Beer was contemptuous and had an intent. Unsurprisingly, they also upheld the appeal by Minister Dlamini Zuma, which had been driven by Ramaphosa for some time.
On Friday, De Beer formally lodged a complaint of human rights violations against the State of South Africa with the AU’s African Commission on Human and Peoples’ Rights (ACHPR). Therein, De Beer referenced the intentional link now created between the well-known LFN challenge against the ongoing National State of Disaster and the at this stage impending incarceration of ex-President Zuma. The ACHPR was asked to urgently intervene to suspend the Constitutional Court order against Zuma pending a proper investigation as to the real reasons for entities opposing Ramaphosa being held in contempt of court, in similar fashion. De Beer himself is now intimidated to possibly face jail time.
The Secretariat of the ACHPR was communicated with by phone on Friday. The commission indicated that it would treat the matter with the necessary urgency it deserves.
In today’s letter by De Beer, Batohi is informed that both De Beer and LFN “are prepared to be investigated for contempt of court.” However, so De Beer further, “we have reasons to believe that such investigation is must be linked to an investigation in terms of the possible corrupt relationship between CASAC and its representatives, President Ramaphosa, the Cabinet and one or more of the following judges:-
i) Jafta J (CC); ii) Khampepe J (CC); iii) Madlanga J (CC); iv) Majiedt J (CC); v) Mhlantla J (CC); vi) Theron J (CC); vii) Tshiqi J (CC); viii) Pillay AJ (CC); ix) Tlaletsi AJ (CC); x) Maya P (SCA); xi) Navsa JA (SCA); xii) Ponnan JA (SCA); xiii) Mbatha JA (SCA); xiv) Rogers AJA (SCA); xv) Unterhalter AJA (SCA); xvi) and Mlambo JP (HCGD).”
De Beer stated to the NDPP that “[He] has apparently become political target and does not fear imprisonment for exercising his rights. Should you, Madam, wish to align yourself with President Ramaphosa and the judiciary, writer shall stand his persecution with pride.”
Kindly download the complaint to the ACHPR here…
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