Moseneke, the man for all seasons

While Deputy Chief Justice Dikgang Moseneke has never refused ANC president Jacob Zuma the right to marry whomsoever he pleases he may well have submitted a report to former president Mbeki regarding a certain Zimbabwean president’s less than lawful “Act of Succession”. Regardless Moseneke this morning must know what it feels like to be a modern-day Saint Thomas More, the 16th century English chancellor, who was executed for refusing to endorse the wishes of the king.

More’s story is captured in the play — and later film, entitled A Man for all Seasons — which ironically focuses on themes of corruption, abuse of power and the incredible will of one man of conscience to do what he believes is right in the face of staggering pressure from his peers. Of course some may find it difficult to grasp the connection between the situation More found himself in England way back then and that facing Moseneke in modern-day South Africa, but if you just pretend for the sake of argument that we do have corruption (NEVER! … just pretend), abuse of power and peers who (heaven forbid) might actually do anything to feather their own political nests then the similarity becomes quite striking.

In the case of Moseneke, “striking” here should not be construed as marching against tyranny but rather in the sense of being struck out of Zuma’s plans for the future.

Before anyone starts thinking that I’m some sort of counter-revolutionary let me just add my voice to those who condemn this feeble judge of the Constitutional Court. So what if Moseneke spent ten years of his life on Robben Island for fighting against apartheid and then followed that up with exposing tyranny in Zimbabwe and resisting pressure from the ruling party, what is that compared to the deeds of someone who has sacrificed their pocket money to acquire the latest Jacob Zuma T-shirt and junior smoker’s liquorice starter combination kit (yes the clear skies one where all the clouds have been banished by law – jolly good it is too). I mean who does Moseneke and every other South African that risked their lives to end apartheid think they are – God? Do they honestly expect to be treated with dignity and respect even though they don’t follow the leading cabal – at any given time – of the ruling party, or even, heaven forbid, the party at all?

“Zuma, if he becomes president, would have to appoint the new chief justice, as Justice Pius Langa is due to retire in October.

Asked if he would consider Justice Moseneke, given his clash with the ANC shortly after the ruling party’s conference, Zuma said that although he would appoint competent people, he could not ignore the judge’s statement.

‘I think I will be very sensitive (to Justice Moseneke’s statement). And I think that is precisely the reason why we always say judges should know what they say … You can’t just stand up and say I don’t care what this ANC (sic), and it is a ruling party. You are just declaring war. Why should you say that when you are a judge,’ he said.” (IOL)

Surely the questions to Zuma must then be:

Does everyone within or outside the ANC whose views differ from the collective on any given issue constitute a threat? Is not the ongoing diversity of opinion and debate within the ANC itself on the best way forward a source of strength? Are not the decisions of today’s powers that be within the party the results of thinking which differed from the centrist ANC of the past? Is it not possible that the dissent among grassroots arose because of the anger against the elitists? Are the poorer people not better served (here’s praying) as a result of that dissent in thinking? Are future generations of the ANC going to be denied a say in their future in case they offend someone? If delegates feel that they are unable to express their views by debate what form do you think dissent will take? Are we to be deprived the services of some of our country’s leading thinkers like Moseneke because they don’t follow the party line?

Given the fact that St Thomas More chose death rather than appease his crown is unfortunate given the fact that in reality it made no difference to the outcome. Let us hope that as we start moving towards this election that we don’t martyr Moseneke by irresponsible words like “declaring war on the ANC” where a judge is simply carrying out his mandate or expressing his views.