Zuma must return from Russia and face his fate

Is former president Jacob Zuma on the low road to becoming an international fugitive from justice? The refusal of his foundation’s spokesperson Mzwanele Manyi to be drawn on what he has called the “irrelevant” “nitty gritty” of whether Zuma boarded the flight to Russia to seek medical treatment before or after the Constitutional Court put an end to his continued appeals earlier this month suggests as much.

How ironic that the failure of the former president’s so-called Stalingrad legal defence strategy of tying up the courts and the National Prosecuting Authority in a chain of appeals based on legal technicalities might end with him exiling himself in Russia to evade justice.

The last word on Zuma’s fugitive status now lies with correctional services commissioner Makgothi Thobakgale, who, having failed to have his predecessor’s decision upheld by the courts, has set an August 4 deadline for “interested parties” to make representations on whether he should do so himself.

“Once the order in this appeal is handed down, Mr Zuma’s position as it was prior to his release on medical parole will be reinstated. In other words, Mr Zuma, in law, has not finished serving his sentence. He must return to the Estcourt Correctional Centre to do so.” So reads an extract from the Supreme Court of Appeals’ November 2022 ruling on the legitimacy of Zuma’s release on medical parole in September 2021, two months into his 15-month prison sentence.

The ConCourt has delivered the final word on a case that lowers the curtain on Zuma’s evasion tactics.

We know the violence that subsumed large parts of KwaZulu-Natal and Gauteng in the days after Zuma was arrested and escorted to prison, and we have a reasonable fear of that violence breaking out again. But we should also fear what this country will become if we don’t ensure that the rule of law is applied to everyone, equally.

At this point, Zuma is not in contravention of the law. The commissioner has given Zuma until August 4 to make a submission on how a return to prison would affect his legal and human rights.

But this should also not be abused as an opportunity for Zuma to delay, duck or evade his fate. He can make his representations and, when ruled fit to return to the country, he should do so and face Thobakgale’s decision.

The VIP Protection Unit assigned to him should make it clear that he must return. Zuma enjoys this and other perks because of the position he once held, but these benefits come with responsibilities — and respect for the law is one.

If Thobakgale’s decision is for Zuma to return to prison, and he chooses not to comply, his arrest must be effected. His actions in July 2021 showed us that when left with time to turn himself in, he will not do so.

He may have once commanded loyalty and respect from his colleagues in the ANC, through the corridors of the Union Buildings, and in the halls of parliament. But he is a spent political force and will squeeze the last remaining ounces of legitimacy out of our constitutional democracy if he is allowed to.

Zuma has done little to respect our courts and we cannot afford to entertain that disrespect any longer. South Africans’ trust in our courts is plummeting and that must be as important a consideration as any political one in this situation.

According to public opinion polling by the think-tank Afrobarometer, the number of South Africans who say that they trust the country’s courts of law “a lot” or “somewhat” has shrunk from 69% in 2006 to the latest available data of 42% in 2021. Put differently, the number of South Africans who said they trust our courts “just a little” or “not at all” grew from 27% in 2006 to 53% in 2021.

Making sure that the rule of law is followed in this situation will not reverse this trust deficit on its own, but it is about the collective message this sends to other politicians who are facing their day in court. And will face their fate in the future. They are not above the law. They will have to face the consequences of their actions. And justice may be delayed but it will not be denied.