Greg Alexander Mashaba argues that the opposition parties , and in particular the DA , COPE , EFF and the UDM , together with their political allies in the foundations which have sprung up over the past few years seek to usurp the power and authority of the judiciary by shifting our political landscape from the traditional debate in parliament and town halls to the courts.
I have attempted to go through the judgement of Justice B.Vally. I was however confronted with one difficulty, namely that it is a judgement which contains a lot of subjective views which seem to coincide with the views currently expressed primarily by opponents of President Jacob Zuma and the African National Congress . Some of these are covered by Carl Niehaus in his article ” My Lord It Is High Time You Take Your Jacket And Get Out Of Chambers” http://uncensoredopinion.co.za/lord-high-time-take-jacket-get-chambers/
One need not be a jurist or an academic to come to no other conclusion other than the fact that the learned judge was, in putting together his judgement , informed by his own political bias and prejudice. His ill-informed decision to map out the current political situation in South Africa betrays and reveals his true political outlook , a political outlook which clearly supports that of the Democratic Alliance and other right-wing formations in the South African political spectrum . It is my understanding that judges should apply or interpret the law without fear or favour . However Judge Vally’s ill-informed attempt to put his decision within a political context has badly exposed his weakness as judge of the High Court . He is either poorly trained or is out-right biased and ignorant . If it is the former , he has only got himself to blame . His name will also go down as one of the judges who failed the South African legal system in post-Apartheid South Africa.
I sincerely hope that other judges will use whatever criticism is directed at our judiciary in the light of this decision to reflect on their own respective obligations towards developing a jurisprudence which we can all hold up as being second to none in the world.
The opposition parties , and in particular the DA , COPE , EFF and the UDM , together with their political allies in the foundations which have sprung up over the past few years will also invariably go down in our history books as formations which sought to usurp the power and authority of the judiciary by shifting our political landscape from the traditional debate in parliament and town halls to the courts. Indeed this move is not accidental but is one which has been planned and is coordinated. In this regard one has to consider why the EFF seeks always to block the effective functioning of our legislative arm of government.
The answer to all of the above perhaps lies in the broad opposition’s attempt , who, having failed to suppress the national liberation movement through democratic parliamentary processes, seeks to define and dictate the political landscape in which the future of our democracy will be decided . This in fact is not a new phenomenon.
We recall how the Botha regime, having failed to quell the Mass Democratic Movement in the 1980s unleashed murderous waves of surrogate forces comprising not only of the Vlakplaats death squads but also heavily armed “impis” and criminal gangs which terrorised our people in the townships, from Soweto , Boipatong , Katlehong all the way down to Kwamashu , Umlazi and beyond, to the townships of the eastern Cape with impunity , despite the presence of heavily armed SADF and SAP forces. They bore different names, but they were all in essence an extension of Apartheid security forces: the “Caprivis ” , “Amasinyora”, the “Black Cats”, “Amakabasa” and the “Jack Rollers “. The racist regime and establishment media conveniently labelled it as “black on black violence”.
The terrible scars inflicted on our people remain to this day.
Perhaps it is time that we all woke up to the reality that those who stand to lose the most in a democratic South Africa have infiltrated our political space and usurped the courts in their quest to define and dictate a new political landscape : Dirk Cotzee, Ferdi Barnard, De Kock and their Askari units have in a different way been resurrected and are wearing the masks of the very same people who, claiming to be acting in defence of the Constitution, trample on the very same constitution by circumventing constitutional processes and institutions. Lafa elihle kakhulu!