The Constitutional Court will have no option but to rescind its judgment against former President Jacob Zuma, according to LFN President Reyno De Beer. That will have to happen soon if the nine ‘Green Cloaked’ judges are mindful of the Constitution, the current turmoil in South Africa and the urgent need to have at least some fires extinguished; whether those fires are actually burning due to Zuma or whether the people are simply getting frustrated at President Ramaphosa’s haphazard attempts to govern. “Ramaphosa seems to be increasingly incapable to decide whether he should continue to front for the ‘Stellenbosch Mafia’ or whether he should just let them take over government straight away,” so De Beer.
If De Beer was not already well-known as the activist opposing the Government’s outrageous COVID-19 measures, he might now become famous as the man who apparently told the Supreme Court of Appeal (SCA) to “stick it’s fictitious ‘apology’ in its arse”, a quote which De Beer predicts will be increasingly cited in future legal arguments. “While it may sound very disrespectful towards the SCA, the people are bound to follow the events leading to such drastic remark – that is if all the judges concerned should actually be prepared to undergo the criminal investigation with me,” De Beer confidently adds.
On 10 July 2021, the Constitutional Court ruled in its typical one-liner judgments that the application by De Beer to intervene as an amicus curiae (friend of the court) in the Zuma matter, be dismissed “…as [De Beer] has failed to make out a case for admission as an amicus.”
Notwithstanding that De Beer was not allowed to submit any argument in respect of the fact how both the SCA and Zuma judgments of the week before were directly linked to one another via Ramaphosa’s desperate last twitches, Zuma’s lead counsel Dali Mphofu, SC, had picked up on the De Beer argument and extensively addressed it during the hearing.
“In my application to be admitted as ‘friend of the court’ I had also introduced the evidence of the African Commission on Human and Peoples’ Rights complaint which the Constitutional Court judges had to have taken into consideration,” stated De Beer. “If the nine judges again would confirm their original judgment that Zuma must remain behind bars despite the violation of human rights enshrined in the Constitution and African Charter, the refusal of my application by the Constitutional Court itself will then have to be seen as highly suspicious,” De Beer emphasized.
The main argument in the Zuma matter relates to the fact that De Beer, just like the ex-president, was found to be contemptuous towards a court without having been afforded a trial during which to state his defence. “The concept of ‘instant justice’ is a comic book invention. Our judges are not required to play “Judge Dredd” but to uphold the concept of separation of powers, among other things,” says De Beer.
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