Security Focus Africa June 2021 Vol 39 No 6

Page 36

THE LAST NEWS WORD

THE RULE OF LAW

The impetus for this article came partly from discussions with colleagues and probably more apposite from quotations attributed to members of the public supporting the former State President who attended the opening of the hearing of the criminal trial of Thales and Jacob Zuma at the Pietermaritzburg High Court on 17 May 2021. By Peter Bagshawe

O

ne of the attendees is quoted as saying, “He is so old and now we are wasting money running behind him.” Another commented that she felt like Zuma was being persecuted, which echoes a number of similar statements from Zuma family members. The charges that were brought against Jacob Zuma include one count of racketeering, two

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counts of corruption, one count of money laundering and twelve counts of fraud, whilst Thales faces one count of racketeering, two counts of corruption and one count of money laundering. The simple answer to why, within the criminal prosecutorial system, charges have been laid in this matter is The Rule of Law. This phrase has been in use for centuries and, to complicate matters, is

not a codified or readily apparent legal rule; the Rule of Law refers to a position where the law rules in a particular state or country. Building from this position the Rule of Law is a mechanism that provides the equality of all citizens before the law and secures a non-arbitrary form of government in order to prevent the partial use or abuse of power. Broadly speaking, this would entail a situation

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