Punish the small lies, too

It has become clear that ‘I cannot recall’ is the chosen defence tactic for those caught out in the State Capture Nuremberg trials.

One of the biggest things to emerge from the Nuremberg Trials following the end of World War II was the line, “I was only following orders”. Former Nazi soldiers tried to escape guilt by using what later came to be known as the “Nuremberg defence”, that they were only following orders from their superiors when they carried out atrocious war crimes. But justice saw through that.

Listening to former Gauteng premier Nomvula Mokonyane trying to wiggle her way out of a series of “I cannot recall”, “It was such a long time ago” or invoking the names of either her late husband or the late Bosasa boss, Gavin Watson, it has become clear that “I cannot recall” is the chosen defence tactic for those caught out in the State Capture Nuremberg trials.

The former minister of water affairs was not the first to invoke that phrase at the Commission of Inquiry into State Capture. When Jacob Zuma appeared last year, most of his evidence could be summed up using the phrases: “I don’t know” and “I cannot recall”.

There is nothing wrong with people forgetting things. What’s unnatural is people in positions of power forgetting all excesses and corrupt acts that happened on their watch.

It is not only disrespectful that a former ruling party heavyweight, who once ran South Africa’s richest province, has to do legal and verbal somersaults of waiting until evidence is presented to her that her memory is jogged. It makes a mockery of the commission and lends credence to the claims that it has no teeth.

Sooner, rather than later, someone senior in government needs to be tried in court for lying under oath. It might appear vindictive in the short term but it will serve to safeguard the integrity of this commission and any other commission that might be constituted in future to probe gross misconduct while in office.

The defence of “I cannot recall” carries with it the unspoken disrespect to the people of South Africa who entrust these leaders not only with the responsibility of acting in line with the spirit and values of the constitution, but they are also entrusted with administering billions of rands on behalf of South African citizens.

It is in punishing the smallest acts of impropriety that those in positions of power will learn that one cannot partake in corruption and be economical with the truth under oath without consequences. “I cannot recall” must be vanquished as a defence tactic at commissions.

The Zondo inquiry’s biggest failure do far is that it has deterred anyone who is watching its proceedings, judging by the amount of looting of Covid-19 funds. Auditor-General Kimi Makwetu has revealed that people even used dead people and children to loot Covid-19 funds. The country cannot wait for another commission for prosecutions to occur. The Zondo inquiry must be used to set an example that even if a leader is not prosecuted for corruption, lying about it is just as unacceptable.

The principle of waiting for the “big fish” and substantial cases before tackling the moral rot that allows corruption to fester unhindered is the one that allows perfectly healthy and sane individuals to steal, knowing that even if they lie under oath, there are no consequences.

The NPA has the power to banish “I cannot recall” as a defence strategy.