Jacob Zuma should be arrested for defying the Constitutional Court order to appear before the Zondo commission, to show that ANC leaders are not above the constitution, oversight of democratic institutions and the law.
The former president should be expelled from the ANC. He dismissively wrote to the commission informing it that he was willing to go to jail rather than appear before it.
His defiance of the Constitutional Court is in line with the thinking of many African liberation and independence leaders that they are above the law in their countries by virtue of their supposed "struggle" credentials. This view is one of the reasons why democracy has failed to take root in many African countries - the law is seen to be only for the small people with no political or business connections, no money and no followers.
When Zuma was president, he saw public resources as his private property. Because the ANC is the governing party that writes the country's laws, he saw himself as above those laws, and because the ANC appoints people to democratic and oversight institutions, he saw those appointees as answerable to him personally.
Zuma is challenging SA's constitutional democratic system, its institutions and its laws. If he gets away with it, the constitutional democratic system will be worthless. Typical of narcissistic leaders who care only for themselves, their self-enrichment and their ego, he is prepared to bring down SA's hard-fought constitutional system and democratic institutions.
Zuma's stance also shows the futility of President Cyril Ramaphosa's strategy of "unity", trying to delicately hold the two dominant factions of the ANC together. His social democratic faction and the Zuma/Ace Magashule populist faction have so many fundamental differences they may as well be two separate parties.
Rather than firmly reproaching Zuma, calling for his suspension from the ANC and for his arrest, Ramaphosa outrageously said Zuma must be given a chance to change his mind and that other leaders were counselling him to go back to the commission.
This was clearly a response by Ramaphosa aimed at retaining the "unity" of the ANC by not angering Zuma and his populist allies. Yet what was needed from Ramaphosa was a strong defence of SA's constitutional democratic system - that everyone is equal before the law, and the ANC itself upholds the constitution, its democratic institutions and the laws.
Rather than firmly reproaching Zuma, calling for his suspension from the ANC and for his arrest, [Cyril] Ramaphosa outrageously said Zuma must be given a chance to change his mind and that other leaders were counselling him to go back to the commission
Ramaphosa's strategy weakens SA's constitution, democratic institutions and law, because it allows for the toleration of those who defy them for the sake of the ANC's unity. It undermines the performance and efficiency of the public service, because for the sake of unity, corrupt, incompetent and indifferent cadres have to be appointed to and protected in senior positions in public service and at state-owned enterprises to give every faction their "share" of appointments.
Similarly, under the notion of unity, corrupt individuals with no business experience whatsoever are often given public tenders to divide state patronage between the ANC factions.
The unity policy makes it impossible to hold elected and public officials accountable for wrongdoing, incompetence and corruption, because doing so would alienate their faction in the ANC and therefore disturb the unity of the party. The sad reality is that Ramaphosa's unity policy is not only protecting Zuma, Magashule and many ANC wrongdoers, it is undermining democracy and public representative and oversight institutions, and will also crash the economy.
Incompetent, corrupt and inept cadres get appointed to oversee the economy as part of the horse-trading of the unity policy. Making poor decisions, hobbling public service delivery and perpetuating corruption will make an economic recovery from Covid-19 a distant dream.
If Zuma gets away with defying the Constitutional Court, why should anyone follow the prescripts of the constitution, democratic institutions and laws?
Since Zuma is prepared to break the ANC in any case, the party will have to part with him.
Ramaphosa will have to face up to him and expel him from the ANC and let him and his allies form their own party. This will free the Ramaphosa ANC to govern in the interests of SA, and not to please ANC factions and leaders. Only then will SA have a real chance of engineering a quick economic recovery.
• Gumede is associate professor in the School of Governance at Wits University
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