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'Judiciary abuse liberator, Zuma; stark warning for Zanu PF' – indeed, for no one is above the law!

05 Jul 2021 at 05:16hrs | Views
In the Movie "Pirates of the Caribbean: The Curse of the Black Pearl" there is a scene where Jack Sparrow tells the young Will Turner "Stay here! And please don't do anything stupid!" Pretty damn good advice one should give to our Dr Masimba Mavaza for his stupidity, as expressed in his articles, knows no bonds!

"The problem of judges playing to the gallery is that they will expose the law to ridicule. The situation in South Africa has pitted the judicial system against the democracy and political system," charged Dr Mavaza.

"It is indeed a shame on the South African Constitutional Court judges for failure to understand their own supreme law. They ignored their own constitution just because they want to fix and not to help. It is a wonder that when the constitutional court set they forgot to be guided by the law and by their own constitution."

He was commenting on the sentencing of Former President Jacob Zuma to 15 months in jail for contempt of court by SA Constitutional Court. The former president has not been cooperating with the court's investigation into his corrupt charges and abuse of office.

Jacob Zuma was forced to step down as president in February 2014 when his own party ANC threatened to have him impeached. It is right and proper that the courts have since pursued the corruption charges against with due diligence and thus reaffirming the fundament principle that no one, not even a former state president is above the law.  

One has to plough through a lot of rubbish before finally arriving at it is Mavaza's found objectionable about the court judgement in this case.

"But in this case the constitutional judges have acted to settle scores," he argued.
"In this case one would ask how can a Constitutional Court convict and sentence an individual to prison as a court of first instance and leave the accused person without a right to appeal? This question is the reason of all the uproar in South Africa today."

Of course, this is just Mavaza making a mountain out of a mole hill! The Constitutional Court is the supreme court in the land and, per se, there is no other court to appealing its judgement. Mavaza and the overzealous Zuma supporters who have been holding public demonstrations and even threatening to "shut down South Africa" would not be pacified even if Zuma was allowed to appeal against the court's judgement; it is the very idea of Zuma being held to accountable in a court of law that they find unpalatable!

"What we see in South Africa now are lessons to be learnt and a stark warning to Zimbabwe. What happens there will happen to our revolutionary stalwarts once they leave office. The judiciary is behaving as the avengers sent by the disgruntled colonialists cum Westerners. This is legal system at war with the executive," wrote Mavaza. The title of the article was "When The Judiciary Abuses The Liberators: Revolution Under Attack The Zuma Debacle".

Thank God South Africans have never allowed themselves to be swayed by the foolish notion revolutionary stalwarts are special and therefore above the law. The country's democratic constitution has delivered on its promise to protect the freedoms and rights of the citizens; keeping the checks and balance between the three arms of government, the executive, judiciary and legislature; etc.; and long may this continue. The same cannot be said about Zimbabwe.

Mavaza should know Zanu PF ruling elite will never ever being brought before a court of law to account for their amassed wealth, rigging elections, staging military coups, Gukurahundi massacre, etc., etc. At least, not in any of Zimbabwe's courts as the judiciary, like all the other state institutions in the country are Zanu PF departments in all but name. High Court Justice George Chiweshe ruled the 2017 military coup was "legal, justified and constitutional"; just to underline how utterly useless and "capture" the courts are.

The root cause of Zimbabwe economic meltdown and political paralysis is the 41 years of gross mismanagement, rampant corruption and rank lawlessness earning the country the Banana Republic and pariah state status. The country is in economic ruins, 49% of the population now live in abject poverty, basic services such as education and health care have collapsed, etc. The economic and social situation is simple unbearable and the demand for meaningful change, for a competent and accountable government, is now political reality that Zanu PF cannot ignore.

Change is coming and the day Zanu PF's ruling elite will be brought before the court of law to account for their past is nigh upon us. Like it or not Zanu PF's ruling elite will be asked to account for their past.

 "Judiciary abuse liberator, Zuma; stark warning for Zanu PF!" A warning indeed, for ultimately, no one is above the law, not even in lawless Zimbabwe! The suggestion that liberation war heroes are above the law is foolish and the reason why Zimbabwe is in a mess!

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