Will a defiant Jacob Zuma go down in history alongside PW Botha?

Lady Justice and her scale standing before the South African flag

Eish, I really thought I would never need to write a column about Jacob Zuma again. Yet, here we are again...

On Monday morning it was finally confirmed that Jacob Zuma would defy a Constitutional Court order and not appear before the Zondo Commission. Around lunchtime, Deputy Chief Justice Zondo gave the Commission’s response to the matter.

Clinically and methodically, in a quiet tone of voice, he explained why the commission would now apply to the Constitutional Court for a contempt of court order. Should it be granted the commission would ask for a prison sentence to be imposed.

It is difficult to understand why Zuma, whilst fighting tooth and nail in the arms deal case, would risk going to jail when he could have taken some tips from his old friend Dudu Myeni and appeared before the commission, yet repeatedly declined to answer anything on the grounds that he might incriminate himself. It is possible that he was or is badly advised, but I suspect it has a lot to do with arrogance.

For years we saw how arrogantly he responded to any form of questioning in parliament. It was clear that he took great offence to the idea that someone had the cheek to question him. So, if he wasn’t going to account to any member of parliament years ago, he certainly wasn’t going to answer to a judge heading up a commission now, irrespective of whether he appointed that judge or not.

Shortly after the Constitutional Court judgement (that compelled Zuma to appear before the commission) was handed down, Ace Magashule lost his temper with journalists when asked for comment on the matter.  He lashed out at the journalists and reminded them that PW Botha would also not appear at the Truth and Reconciliation Commission. “Nobody said anything,” replied a furious Ace.

Of course, he was wrong. A LOT was said. As with Zuma now, Botha’s defiance was a huge story at the time and that is not where the comparison stops.

Both of these (very arrogant) men were thrown out by their own parties. Both felt extremely aggrieved by that and became bitter, defiant and angry – clearly feeling that they have done nothing wrong nor that they should be held accountable for anything that happened during their presidency. 

So, when the TRC was set up, Botha - like Zuma now with the Zondo commission - declared it biased and a witch hunt. “My point with the so-called Truth and Reconciliation Commission is that they want me to apologise and I have nothing to apologise for,” Botha famously said at a press conference.  (As an aside: he then - Magashule style - attacked the journalists who asked him if he really felt he had done nothing wrong.)

“[I]f he wasn’t going to account to any member of parliament years ago, he certainly wasn’t going to answer to a judge heading up a commission now, irrespective of whether he appointed that judge or not.”

However, contrary to what Magashule believes, PW Botha was taken to court and on 21 August 1998 was found guilty of contempt of the TRC for defying the subpoena to appear. He was sentenced to a fine of R10 000 or a prison sentence of 12 months with a further 12 months suspended for 5 years. (This was later overturned on a legal technicality.)

Of course, the comparison falls down entirely in one important respect. Unlike Jacob Zuma, PW Botha (who defiantly opposed our transition to democracy) did not play a part in South Africa becoming a democracy nor was he part of creating the Constitutional state that we are all bound to.

Justice Zondo rightly pointed out that Jacob Zuma had as President twice taken an oath to “obey, observe, uphold and maintain the Constitution and all other law of the Republic”.  The Constitution and laws he was part of creating.

So there seems to be an additional obligation on someone like him to lead by example and not undermine the Constitution and the judiciary.

Sadly, as we know now, he won’t do that. Instead, like PW Botha, he is arrogantly giving the finger to those who he is legally obliged to account to for what happened on his watch.

Zuma was part of a cohort of people who sacrificed greatly in order to ensure that we are all equal before the law in South Africa today.

However, like the man he fought against - PW Botha - he will now have to face the fact that we are also all subject to the law and thus all obliged to follow it.

Over the weekend, the ANC resolved to engage with Zuma on the matter. They better start talking to him fast…because the clock is ticking and it is really difficult to see how this matter can still be resolved or will end well.  

Of course, Jacob Zuma can still rock up at the Zondo Commission with a “Sorry Judge” before the end of the week and can redeem his legacy (somewhat) by answering the questions truthfully.

However, like Botha who would not heed any of Bishop Tutu’s pleas to him at the time, the chance of Jacob Zuma being swayed by anyone in the ANC at this stage is virtually zero.