Zuma’s ‘army’ is illegal – expert
MILITARY VETS: BID TO PROTECT JZ IS ‘UNLAWFUL’
‘The only danger is that their conduct can lead to some form of conflict.’
The presence and show of force by military-clad uMkhonto we Sizwe Military Veterans’ Association (MKMVA) members outside former president Jacob Zuma’s Nkandla homestead – threatening civil war and disobedience should Zuma be arrested – portrayed a picture of a private army, an unlawful and unconstitutional act in South Africa, according to a security expert.
Zuma, who has used every delaying mechanism available – from ill-health to attending a funeral – has been skating on thin ice to avoid appearing before Deputy Chief Justice Raymond Zondo at the Commission of Inquiry into State Capture, where he is expected to respond to allegations of malfeasance and gross corruption while he was head of state.
Institute for Security Studies consultant on justice and violence prevention Dr Johan Burger yesterday warned that the country’s laws and constitution prevented anyone “from having his own private army”.
“What the government cannot do, is to allow a former president to publicly challenge the constitution, the Constitutional Court and legal structures such as the Zondo commission,” said Burger.
“You cannot have a private army in a constitutional democracy.
“MKMVA members present outside the Zuma compound will claim that they are a military veterans’ group.
“In terms of the constitution, private security companies have to register as part of the Private Security Industry Regulation Act 56 of 2001.
“An attempt by the MKMVA to portray themselves as the army of former president Zuma is not only unlawful, but unconstitutional.”
Asked on how police would respond should a warrant of arrest be issued against Zuma, Burger said: “The only danger in what the MKMVA members are doing is that their conduct can lead to some form of conflict, with police reacting with force.
“Should police not find a solution to the standoff, then they would have to go into Nkandla – sending the right people with clear instructions of using force as the last resort, depending on the kind of resistance they confront.”
Laws prevent anyone from having his own private army
A resident of Nkandla says it is very unlikely that anyone could arrest former president Jacob Zuma at his home.
Sibongiseni Bhengu and other residents turned out to back the support of the uMkhonto we Sizwe Military Veterans’ Association (MKMVA) for Zuma.
The group of residents said they had gathered outside Zuma’s home to “protect” the ex-head of state. “We can even go to the bush. If someone wants us to fight, we will fight,” Bhengu said outside Zuma’s Nkandla home yesterday.
“If Zuma is being arrested, let them arrest all of us. We are going to go with him,” he said.
Bhengu, a resident of the area for 40 years, said there was massive support for Zuma. “We want to show support for former president Zuma. We want to tell the country what is being done to our former president is out of order.
“We want to support what is being done by veterans, by MKMVA. We are behind them and fully support them. The decision taken by the former president [not to attend the Zondo commission], we are fully behind it because we know very well it’s not that he’s being treated like every other person. His rights are being taken away from him.”
Zuma was summoned to testify at the Commission of Inquiry into State Capture chaired by Deputy Chief Justice Raymond Zondo this week, but his lawyers, Mabuza Attorneys, wrote to the commission to state he would not be attending.
They claim the summons issued for Zuma to appear before Zondo was irregular.
Bhengu said he was aware of the legalities around the matter.
“What is being done to him is... unfair. We are going to go wherever he goes. He has stated clearly he does not think it is proper for Zondo to preside over this. If he can recuse himself, like Zuma asked, let it be, then Zuma will go [to the commission].”
Also at the Nkandla homestead was the former head of state’s vocal son, Edward Zuma. “We are not surprised by the presence of MKMVA and RET [radical economic transformation] forces; they are here to show support to the former president, who has made it clear he is not going to be appearing before the Zondo commission despite a Constitutional Court judgment which we obviously dispute.”
He said it was prudent that other court matters around his father’s refusal to attend the commission be resolved.
“The fact is that we are still awaiting the applications that the former president has made in the High Court in Pretoria which needs to review the refusal of Deputy Chief Raymond Zondo to recuse himself from the commission based on whatever was submitted. Pending all those, we have to wait.”