Happiness is seeing the top court taking Nkandla bull by the horns

14 February 2016 - 02:03 By Barney Mthombothi

The most significant political event this week happened, not in parliament where President Jacob Zuma once again dished out warmed-up fare, but at the Constitutional Court where not only his career or his legacy could be decided, but also the direction our democracy could take. The hearing didn't tell us anything that we didn't already know about our president. Zuma's catalogue of scandals has become a national curriculum.We know he cheated his way to power. And on reaching the pinnacle, instead of being satisfied that he'd made it despite his shortcomings or even try to atone for his sins, the deception and debauchery continued unabated.The phrase or idiom on everybody's lips this week was that Zuma had thrown his flunkeys under a bus. That is his modus operandi. Zuma doesn't have allies or friends. He has used, chewed and spewed fawning sycophants in accordance with his interests.story_article_left1The political landscape is littered with bruised egos and thwarted ambitions, people who thought they were allies only to be used in his inexorable rise to the top.Some of those who chaperoned him to power and were later discarded are now among his most bitter critics. It can be argued that he scaled the summit not on the strength of any noticeable skills, but on the strength of his grievances.The rape charge was a setup; the corruption charges were all the work of his enemies, most notably former president Thabo Mbeki. And they all worked up into an explosive testimonial for the top job. Other than that, absolutely nothing commended him to the position.Nkandla is a stunning example of a man who refuses to learn from his mistakes or, having lived a Houdini-like existence, firmly believes no blight or misdemeanour can ever stick on him.The party, the state and its resources have been summoned to the Zuma assignment.The current economic crisis has Zuma's fingerprints all over it. Protecting Zuma has become the paramount mission of this government. As a result, its attention has been taken away from all else: decisions are made on the basis of whether they serve the interests, not of the country, but of the president.We still haven't been told, for instance, why Nhlanhla Nene was fired. Zuma totally ignored the issue on Thursday. We're left to surmise why we had to have three finance ministers in four days, a decision that could hasten the country's descent towards recession.Maybe, as is his wont, he saw Nene as just another lackey to be used and dispensed of with ease. And there are notable scalps with limbs flailing under that Nkandla bus.Take a bow, Mathole Motshekga, the legal eagle who belittled and tormented Thuli Madonsela for daring to do her job. Thulas Nxesi manned the ramparts like a true revolutionary. Nathi Nhleko toiled and sweated blood, not for the benefit of the president, but to set the record straight. And of course, Baleka Mbete, the gatekeeper who promptly reduced the nation's cherished assembly to a circus.In time they will all be rewarded for their gallant efforts. So too will the bit players, the MPs, who like the froglets in Frogs at School, croaked and danced to impress the master bullfrog.The excitement this week was not so much that we were listening yet again to a litany of Zuma's sins. It was more the setting, the Constitutional Court, and the happy realisation that something is about to be done about it.Finally the messing around, the mocking laughter, the deception, the intrigue and the subterfuge are likely to come to an end. Somebody is about to get his comeuppance.story_article_right2And when the confessions dribbled out - or were gently prodded out of the bemused advocates - it all looked a bit messy and unco-ordinated. It was a matter of every man for himself.Chief Justice Mogoeng Mogoeng was impressive. He patiently dug out an admission from an advocate acting more like an insolent schoolgirl and nudged one of her colleagues away from taking his client into some murky waters.In a way this case is as much a test for Mogoeng's court as it is for the durability of our constitutional order. We are about to see whether the court has the gumption or the backbone to take the bull by the horns. And horns don't come bigger than those of the president of the country.The court is called upon to pronounce on public protector Thuli Madonsela's authority and whether her reports are binding. But that issue has pretty much been settled. The recalcitrants capitulated in no time this week.Zuma's confession is an implied admission that he lied in parliament, an impeachable offence. The court's ruling therefore will hopefully provide guidance and certainty on the constitutional role and responsibility of office bearers and suitable penalties in the event of any violation.The accountability of our political system is a bit dubious. It's that uncertainty which Zuma has merrily exploited. And as was shown in court this week, parliament, instead of calling him to account, was used as yet another shield to defend him. That has to end...

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.