Nothing demonstrates the saying that it is easier to attain democracy but harder to maintain it better than the latest bid to exclude sections of the media from the much-awaited trial of former eThekwini mayor Zandile Gumede.
Gumede and several other suspects face a slew of corruption, fraud and money laundering charges related to a R320m waste contract awarded in 2016. She is considered the head of a corrupt enterprise facing 2,793 charges.
Durban high court judge Sharmaine Balton had earlier ruled that “no cameras and television recordings will be allowed during the (court) proceedings”. This was based on representations by some of the accused. It is not surprising that those facing shenanigans would prefer secrecy.
It took an urgent application by the SA National Editors Forum (Sanef) to set the decision aside. The media is now allowed to apply for accreditation to cover the trial. Sanef’s successful application is not merely a victory for the media, it is a victory for democracy. It is a crucial lesson that without organisations like Sanef, those who allegedly stole from the public could easily decide to remove the spotlight away from their trials. This should be countered at every turn, especially given revelations at the state capture commission of inquiry about how a number of politicians were caught with their hands in the cookie jar. Allowing people like Gumede to be tried in the dark might set a wrong precedent for many other politicians whose cases must also be ventilated in our courts.
Allowing people like Gumede to be tried in the dark might set a wrong precedent for many other politicians whose cases must also be ventilated in our courts.
In cases involving the alleged misuse of scarce public funds, it is important that the courts prioritise transparency. It is important for justice to not only be done but to be seen in action. A clear message must be sent to would-be perpetrators and victims that there’s no room for impunity in our courts. If the charges against Gumede, for example, don’t stick, live coverage on news sites such as TimesLIVE Premium will obviate the notion that those with resources like her can simply buy their way out of trouble. Where the charges stick, the consequences become clearer and the public admonition and sentence become a potent deterrent.
There is already an unhealthy level of scepticism about the ability of our criminal justice system to hold powerful people to account. Gumede’s political ally, former president Jacob Zuma, is a case in point. He, like her, faces numerous charges of fraud and corruption — except his have been pending for about two decades. The message to ordinary people is that if you are powerful, you can, like Zuma, keep your prosecution in abeyance for decades. This bodes ill for democracy. Gumede and her ilk must be tried in public.
The danger for our democracy lies in our complacency. We need organisations like Sanef to pick up the fight — not just for the media but for accountability of public officials. Fighting the war for democracy was easier. Ensuring our courts act in line with our democratic ideals, or that our government, including municipalities, use our taxes in line with the laws of our country is a slow burn. It’s an arduous task that requires much-needed vigilance. Our democracy dies when we allow thieves to determine how much spotlight we put on their malfeasance.
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