Cape Argus

Malema on shaky ground

EFF leader’s outbursts against Zondo commission in violation of Commission­s Act 8

- GEORGE DEVENISH Devenish is emeritus Professor at UKZN and one of the scholars who assisted in drafting the Interim Constituti­on

COMMISSION­S of inquiry take place in terms of the Commission­s Act 8 of 1947. Although it is a short piece of legislatio­n it is an important one and it has been extensivel­y used by different administra­tions. In terms of section 1, regulation­s can be promulgate­d in relation to a commission set up in terms of this act.

A judicial commission of inquiry was instituted in terms of the above legislatio­n by the erstwhile president, Jacob Zuma, on January 23, into allegation­s of state capture, corruption and fraud in the public sector, including organs of state. In this regard, it must inquire, investigat­e and make recommenda­tions into such allegation­s.

The commission was precipitat­ed by a report by the former public protector Thuli Madonsela, in relation to the issue of state capture, which was released just before she left office.

According to News24, at least 11 issues were identified by Madonsela in her report into state capture. She gave as examples allegation­s of attempts to bribe a deputy minister of finance, Mcebisi Jonas; the alleged Guptas’ access to Eskom; and possible breaches of the executive ethics code in the appointmen­t of the Cabinet by Zuma.

The commission is not merely a paper tiger; it has the power to enter and search any premises, compel anyone to testify and demand that documents be handed over to it.

Furthermor­e, it can refer any matter to the relevant law enforcemen­t agency for prosecutio­n or probing.

The regulation­s referred to above were promulgate­d in relation to the said Commission of Inquiry on February 9. Deputy Chief Justice Raymond Zondo has been appointed chairperso­n. Other prominent persons on the commission are, besides former auditor-general Terence Nombembe, who is in charge of the investigat­ion team, advocates Paul Pretorius SC, Vincent Maleka SC, Leah Gcabashe and Thandi Norman.

Regulation 12 (1) states that any person who insults, disparager­s or belittles the chairperso­n or any member of the commission, or prejudices the inquiry or proceeding­s or findings of the commission, is guilty of an offence and liable on conviction to a fine, or to imprisonme­nt for a period not exceeding six months.

This regulation is of importance because it was reported (on News24) that last week Julius Malema, the EFF leader, launched a vitriolic verbal attack on Minister Pravin Gordhan outside the venue of the commission in Parktown, Johannesbu­rg, when he was testifying before the commission.

Malema used derogatory and insulting language, calling Gordhan “corrupt” and “a dog of white monopoly capital”, and claimed that the minister hated black people.

He also accused the Deputy Chief Justice of presiding over a “Mickey Mouse” commission that was stealing money from the poor. He verbally insulted Pretorius, an evidence leader at the commission, referring to him as a “bastard”.

Furthermor­e, he also made serious allegation­s against Gordhan’s daughter, Anisha, alleging she was corruptly awarded contracts by the National Treasury and other state department­s.

Besides the fact that as a result of Malema’s public diatribe, Gordhan has laid three charges of criminal defamation, crimen injuria and incitement of violence, against Malema, it is clear that he has prima facie violated regulation 12 (1) set out above.

There is also no doubt that his conduct and language could have an intimidati­ng influence on other witnesses who will be required to appear before the Zondo Commission.

As a result it is submitted that the state should take immediate action against Malema to deter him from seriously influencin­g the proceeding and reputation of the commission.

It is also submitted that in referring to the commission in derogatory terms as a Mickey Mouse”, he is not merely insulting it, but actually assaulting the authority of the state by incitement to violence and thereby underminin­g the rule of law, which is fundamenta­l to the operation of an orderly state by ensuring civilised governance.

The uninformed may find this episode amusing and be surprised that the antics of a minor political party be given considerab­le media coverage. It is, however, no laughing matter.

For some time now it has become clear that the EFF and its leaders are using dangerous fascist tactics to undermine the authority of our democratic state. This they have also done recently by the unseemly pandemoniu­m they have caused in Parliament in relation to Zuma.

They did harm to the office of the president and thereby also prevented other political parties from exercising their essential oversight role in relation to the executive.

In some respects viewed holistical­ly, the fascist strategy and inflammato­ry language Malema has adopted in endeavouri­ng to subvert the commission borders on treasonabl­e or at least subversive conduct.

The EFF and its leadership have become a danger to our constituti­onal democracy and it is imperative that cogent action be taken against them by using the appropriat­e legal and judicial means available to our democratic state in order to protect its authority and its honour by maintainin­g the rule of law and civilised government, as set out in our Constituti­on.

The strategy and inflammato­ry language Malema has adopted in endeavouri­ng to subvert the commission borders on treasonabl­e

 ?? | CINDY WAXA African News Agency Archives ?? Julius Malema and EFF members addressing the media earlier this year. Malema’s outbursts are in violation of the Commission­s Act 8, says the writer.
| CINDY WAXA African News Agency Archives Julius Malema and EFF members addressing the media earlier this year. Malema’s outbursts are in violation of the Commission­s Act 8, says the writer.

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