[T]he moral point of the matter is never reached by calling what happened by the name of ‘genocide’ or by counting the many millions of victims: extermination of whole peoples had happened before in antiquity, as well as in modern colonization. It is reached only when we realize this happened within the frame of a legal order and that the cornerstone of this ‘new law’ consisted of the command ‘Thou shall kill,’ not thy enemy but innocent people who were not even potentially dangerous, and not for any reason of necessity but, on the contrary, even against all military and other utilitarian calculations. … And these deeds were not committed by outlaws, monsters, or raving sadists, but by the most respected members of respectable society.
I was struck by one paragraph in the SCA judgment in Shaik v S.
On 9 February 2000, a newspaper, City Press, reported under the heading ‘Senior defence official in arms corruption scandal’:
‘Claims under scrutiny include that:
- a senior politician intervened to reopen negotiations for the contract to provide the corvette defence suite, after which French outfit Thomson, together with a local empowerment group, African Defence Systems, were declared the preferred bidders.
- this was after a different local company received indications it was the preferred bidder.’
As was stated by the court below the report ‘clearly identified Thomson as one of the culprits in the allegations of corruption and left the identity of the senior politician to guesswork and rumour’. On the same day the Presidency issued a statement rejecting ‘any insinuation that Deputy President Jacob Zuma is implicated in shady arms deals’.