Growing Concerns on the Justice System in South Africa: The Case of Zuma, Bushiri and City Power

There are growing concerns on the professionalism and the effectiveness of the justice system in South Africa with some people suspecting that there may be a hidden hand in the way the justice system is being managed and delivered.

Two of the most prominent people who have publicly voiced their concerns in this regard is former President Jacob Zuma and Prophet Shepherd Bushiri.

Zuma has been embroiled in a state capture allegation for some years and he has complained that the way how the issue is being handled shows that there is a predetermined outcome which is divorced from the pursuit of justice that some people seek to achieve through abuse of the courts.

Cited in Mr Zuma’s complaints is Deputy Chief Justice Zondo who is the chairperson of the State Capture Commision. Zuma is accusing Zondo of bias in the state capture hearings..

According to the TimesLive, Zuma through his lawyers argued against the state capture narrative which suggests that Zuma is the man who destroyed the country.

In the same story, the lawyers also questioned the state capture commission’s choice of witnesses, the commission’s comments and the commission’s approach to issues that has been raised against it.

Deputy Chief Justice Zondo is being accused of crossing the line and the lawyers are calling for his real commitment to justice through better treatment of those that are at the bottom of the ‘pecking order’.

On 14 November, a TimesLive article titled Zondo’ determined to find me guilty, regardless of the facts’: Zuma, the former president believes that through the Zondo Commission, his fate seems to be already decided.

I genuinely apprehend that he (Zondo) wishes to implicate me at all costs. Although a commission of inquiry makes recommendations, the reputational implications are enormous on people’s lives. Although I remain committed to assiting the commission, the continued role played by the chairperson leaves me with a clear view that my fate has been sealed.

I cannot appear before a chairperson who seems determined to find me guilty, regardless of the facts.” Read part of Zuma’s affidavit in the TimesLive.

In another case, Prophet Shepherd Bushiri fled to his home country Malawi violating his bail conditions citing that he is concerned about the application and delivery of justice in his case.

Upon arrival in Malawi, Bushiri wrote and published a press statement on Facebook outlining his concerns against the justice system in South Africa which he alleged was persecuting rather than prosecuting him.

Part of the press statement reads as follows:

As we keep waiting for that trial to come, we were arrested again, kept in custody for over two weeks and we are not sure if we will face trial. Equally shocking is the fact that as we kept waiting to get the facts of the recent arrest, the State brought up immigration issues that they, not us, owe the public an explanation. But they want us to explain.

Against this background, we have come to a painful conclusion that what my wife and I have faced in the Republic of South Africa, since 2015, is purely persecution NOT prosecution.

What is shocking is that it was me who, in 2018, opened cases of extortion and intimidation against the officers who are, today, investigating, arresting and prosecuting me and my wife of these several allegations.

Obviously, there can never be independence and impartiality. It’s purely acts of open vengeance. This, I must say, clearly violates rules of natural justice which says justice must not just be done but be seen to be done.

Many people who have been following these cases have expressed concern on the fact that if people who can easily afford even the most expensive of the lawyers are apprehensive of the predetermined outcomes in their cases, what then can be of the common folk.

One common case which resonates with the fears expressed by President Zuma and Prophet Bushiri is the issue of City Power Project Coordinators whose ongoing case started almost three years ago and yet it’s still taking several twists turns which is making them to also lose faith in the justice system.

Yesterday, at the Palm Ridge Court after the postponement of their case, they highlighted that the whole process has been unnecessarily long at their emotional and financial expenses because of the twist and turns that is even making them fail to understand the charges levelled against them.

One of the directors of the company that the project coordinators are accused of irregularly dealing with also expressed dismay at the justice system saying that in the whole process of their incarceration, he has never been interviewed by the investigating officers or the press for comment for the whole period that their case has been in the courts.

He also highlighted that even though their issue is associated with fraud, it is surprising that people from the finance department in City Power have not been made to account on the same matter which they now also sued against in search of the payments they are owed by City Power.

The cross section of people who are now worried about the ability of the justice system to deliver on its mandate is a major concern that needs an urgent redress plus it also calls for more involvement by people in understanding legal matters through legal literacy initiatives.