Zuma shows nothing but disdain for the constitution: Sipho Pityana

26 August 2016 - 08:15 By ZINE GEORGE, GRAEME HOSKEN and SHAUN SMILLIE

President Jacob Zuma was roasted yesterday and his deputy, Cyril Ramaphosa, tore a strip off the Hawks for their bull-in-a-china-shop handling of the Pravin Gordhan case. At the funeral of former Eastern Cape premier Makhenkesi Stofile, at the University of Fort Hare in Alice, Ramaphosa said he had full confidence in Gordhan, as Zuma himself has claimed.But he also said: "Whatever the agencies of government must do, they must do it in a way that does not disturb our economy, that does not demonstrate to our people that we are a government at war with itself."Ramaphosa was at the funeral representing Zuma, who is out of the country.Gordhan - who was among those at the funeral - and several other former SA Revenue Service officials are facing an investigation into their actions in respect of a now defunct "rogue" intelligence unit set up by SARS almost a decade ago.Gordhan had been ordered to present himself at the Hawks' headquarters in Pretoria yesterday but did not.Also among the mourners were former president Kgalema Motlanthe, cabinet ministers and ANC leaders.But the funeral turned into a political event and Zuma was heavily criticised by former foreign affairs director-general and businessman Sipho Pityana, who did not mince his words. He called on Zuma to quit.Pityana told the capacity crowd at the 5000-seater university sports complex that Stofile had been disappointed by Zuma's leadership."Our setbacks are self-inflicted. We've ceded our moral high ground to our opponents. We say we are a party for the constitution ... but many doubt it because we give them reason to do so."No less a person than the president of the country takes every opportunity to show nothing but disdain for the constitution," said Pityana.He made reference to Zuma's multimillion-rand Nkandla home, saying it was an "extravaganza" and that Stofile's home was a "humble abode ... not a palace in a sea of poverty".Stofile, said Pityana, respected the law and the courts. He told of when Stofile was accused of corruption and took the report against him to judicial review - and the high court cleared him."That's what you do when you respect public office . you don't, when you're called to account, plunge parliament into chaos . [call] constitutional bodies like the public protector enemies of the people when they are not."When the Constitutional Court makes a finding that you broke your oath of office, what it means is that you are honourable no longer . it means you are untrustworthy."Pityana said the ANC was a "movement in denial" that blamed "hostile" media and unnamed "Western forces" and NGOs, for its woes.He said it took Archbishop Emeritus Desmond Tutu to say: "You do not represent me," but everyone else was keeping quiet, while the ANC abandoned its founding principles."Our movement is captured and the state is captured. The revolutionary movement is under threat."Under this leadership what we have experienced is a cataclysmic anticlimax . what we are seeing is unmitigated chaos . it's time for new leadership," he said.If Zuma was at the funeral, said Pityana, "I would have asked him as my leader . begged him, pleaded with him, and said: 'My big brother, hand over the reins, it is critical'."The next battle cannot be led by a leader who has humiliated our organisation and undermined everything that we represent."ANC leaders including secretary-general Gwede Mantashe, national chairman Baleka Mbete and Minister in The Presidency Jeff Radebe, among others, sat stony-faced as speaker after speaker questioned the ANC's direction.Gordhan and two former top managers at SARS - Ivan Pillay and Johann van Loggerenberg - had been ordered to present themselves at the Hawks' headquarters in Pretoria yesterday. Pillay and Van Loggerenberg complied but Gordhan did not.The Hawks wanted to grill them in connection with alleged contraventions of the Public Finance Management Act, the National Strategic Intelligence Act and the Prevention of Corrupt Activities Act.Former SARS commissioner Oupa Magashule also reportedly presented himself to the Hawks yesterday to provide a statement regarding the allegations against Gordhan.Part of the investigation centres on Gordhan allegedly approving Pillay's early retirement and then approving his rehiring as a contractor.The National Strategic Intelligence Act investigation centres on the establishment of a unit at SARS used in allegedly illegal covert operations.Zuma's office has issued a statement to the effect that Zuma has "full confidence" in Gordhan but did not have the power to stop an investigation.Analysts disagree."If the president fully supports his minister then he must tell the Hawks: 'I don't want my minister to be under a cloud of suspicion'," said Marinus Wiechers, a constitutional law expert. He said that if Zuma were dissatisfied with Gordhan he could sack him.Constitutional law expert Pierre de Vos said the president's hands were not tied and he could order the minister of police to suspend the head of the Hawks for abusing his position and flouting the law...

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