Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
1 December 2009

Apology to President Zuma

Last week on this Blog I critised President Jacob Zuma for purporting to appoint Adv Menzi Simelane as the National Director of Public Prosecutions and pointed out – correctly in my view – that the appointment shows an utter disregard for the Constitution and the law. In my criticism – which I believe to be valid and based on the proven facts and a correct interpretation of the law and the Constitution – I unfortunately reverted to the kind of intemperate language, which sadly has become all too common in our political discourse, by referring to our President as a “gangster”.
 
I regret using such intemperate language, which detracts from the substantive debate regarding the unfitness of Adv Menzi Simelane to hold office as the National Director of Public Prosecutions. I wish to apologise unreservedly to our President for the use of this intemperate language which, as the Presidency points out, does not contribute to the healthy and respectful debate so needed in our democracy.
 
However, I do call on our President to reconsider the appointment of Adv Menzi Simelane as the National Director of Public Prosecutions as this appointment is not in the interest of the country and the smooth running of the criminal justice system. Given the serious questions about Adv Simelane’s fitness to hold office, reasonable people – including myself – will continue to speculate about the true reasons for the appointment which indeed, shows a disregard for the law and the Constitution as well as for the independence of the National Prosecuting Authority.
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