The Citizen (KZN)

‘We must be ruled by African law’

MK RALLY: ZUMA CHALLENGES SA CONSTITUTI­ON

- Zanele Mbengo – zanelem@citizen.co.za

Former president Jacob Zuma has stirred controvers­y over his views, challengin­g South Africa’s constituti­on and laws.

Zuma lashed the ANC and the use of Roman-Dutch law during a rally of the uMkhonto weSizwe (MK) party in Maqongqo, near Pietermari­tzburg, on Sunday.

Zuma assured MK supporters South African laws would be repealed if the party won the general election.

Ayesha Kajee, political analyst and research Fellow at Africa Asia Dialogues, said irresponsi­ble and short-sighted statements of this sort should have no place in a democratic society.

“For leaders to be openly advocating to suppress the rights of some of our most vulnerable citizens is unconscion­able and a dismal indicator of the dearth of creative and strategic policy solutions in our political landscape,” Kajee said.

Zuma slammed the ANC government, accusing it of embracing Roman-Dutch law.

“We will change laws. We are currently being tried and convicted using Roman-Dutch law, yet we have never been Dutch or Roman. We must be ruled by the African law,” Zuma said.

“I know that today we are 30 years into democracy and we think we have absolute freedom but we aren’t completely free. If we were, we would not be jailed in this country,” he said.

Political analyst Bernard Sebake described Zuma’s actions as a “posture of electionee­ring”.

According to Sebake, Zuma is saying “let’s overhaul this system of democracy and bring state measures in the constituti­on, translatin­g them into law to overregula­te people’s choices”.

Zuma also advocated for the return of corporal punishment within homes during his speech. He said this would serve to instil discipline and respect for their elders in children.

He emphasised the party won’t allow young boys to sit and “do nothing and become alcoholics”.

“You are in for a surprise because we will force them to go to school, even if it means they must get a beating,” he said.

But Kajee highlighte­d Zuma’s recent statements endorsing corporal punishment contradict­ed his own statements in 2017 when he condemned corporal punishment in SA schools.

“Zuma’s proposed solutions would directly contravene section 28 of the Bill of Rights in the SA constituti­on which states that every child has the right to be protected from abuse, neglect and degradatio­n,” Kajee said.

Zuma claimed that traditiona­l leaders should have a say on how South Africa is governed.

He said traditiona­l leaders should take their “rightful place” and be above politician­s.

Sebake said democracy and traditiona­l leaders were establishe­d within the context of same principles.

“Democracy is related to the establishm­ent of the government by the people, for the people, in which the majority voices do establish that government,” Sebake said.

“If you go to the traditiona­l leadership, the system is that of monarch.

“And in most cases it governs itself as opposed to the willingnes­s of the people.”

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