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It can be difficult when you’re a former president in a democracy you’ve tried to overthrow, especially when that democracy comes back to bite you. Former South African President Jacob Zuma finds out the hard way.
Zuma has been locked in his sprawling estate in Nkandla, KwaZulu-Natal, since his ouster from the presidency in February 2018. His leadership of the ruling African National Congress (ANC) ended with the election of his nemesis, Cyril Ramaphosa , in December 2017.
Since then, Zuma (78) has spent his retirement engaging in defensive action to stave off the threat of prosecution for past wrongdoing dating back two decades.
But it seems to lack a road on several fronts. First, he lost the battle to prevent the National Prosecutor’s Office from bringing him to justice for corruption and racketeering linked to an infamous arms deal in 1998. The deal to equip the army was worth R30 billion.
The worst can follow. He is in a difficult situation following his refusal to appear before a commission of inquiry into corruption under way since August 2018. The Zondo Commission was set up to hear allegations of grand corruption during his presidency between May 2009 and February 2018.
Zuma has been invited to appear before the commission. He appeared – albeit reluctantly. And then he walked away facing questions he didn’t want to answer.
The decision was taken to the Constitutional Court, where Zuma recently suffered defeat in his efforts to challenge the constitutionality of the obligation to appear.
He has since said he will not comply with the court ruling.
He now faces the prospect of being imprisoned.
Zuma shares this ignominy with his US counterpart, former US President Donald Trump, who, like him, faces legal ramifications for his attempts to subvert democracy during his tenure. Both have demonstrated their contempt for constitutional constraints, using their power as president to destroy state institutions.
Going to prison for subverting democracy is far from edifying. In Zuma’s case, it would be a particularly ignominious last chapter in his life. He was once in prison, but for noble reasons, alongside extraordinary men and women who fought for freedom.
He spent 10 years in Robben Island maximum security prison, from 1963 to 1973, for participating in the sabotage operations of Umkhonto Wesizwe, the military wing of the then banned ANC, against apartheid. He was 21 when he started serving his sentence.
Similar paths
Trump has used the presidency to bolster his business empire and avoid growing debt. Zuma and her family have aligned themselves with the Gupta family, who are accused of orchestrating the takeover for personal gain.
Testimonies before the Zondo commission shed new light on how he conducted this enterprise and its scope. Even for South Africans who have received a mountain of new allegations about his wrongdoing since he left office, the latest testimony has been shocking. He included steps he took to make the intelligence services his personal instrument and use them to undermine those who opposed him in the ANC.
Analogies with Trump may seem distant. But they are not. Both men are accused of subverting democratic processes and the institutions they have been duly elected to protect. They swore to do it.
For his part, Trump is preparing to face his impeachment by Congress for instigating an assault on Capitol Hill by his right-wing supporters in an attempt to overturn the result of an election he lost. If he were to be successfully removed from office, he would lose his presidential pension and be barred from running for federal office again. Former US President Donald Trump’s legal problems are escalating. EFE-EPA / Stefani Reynolds / swimming pool
The stakes for Trump and Zuma are high. Both are focused on the future, rather than trying to save their reputations in history. Both represent a major threat to democracy.
Zuma will play the game until the final outcome
Oh yes, it can be tough being a past president, but make no mistake, Zuma will play the game the way he knows best, subordinating law to politics.
Zuma is good at playing the victim, believing his best defense is to rally support within the ANC, where he still enjoys support, and to increase the political costs of his prosecution in court.
He knows full well that if he is successfully prosecuted for corruption and sentenced to prison, if only for a symbolic time, those who supported him in the era of takeover and shared the spoils fear that prosecutors will be encouraged to come knocking on the door. their door.
The ANC remains torn by factionalism, and with President Ramaphosa seemingly unable to impose his authority over the party, Zuma is likely to play for a political deal that will continue to allow him his freedom, even if he is condemned by a court.
Democracy and Responsibility
For Trump, the impeachment process is just a precursor to charges that may be filed by New York State regarding his tax returns, most likely alleging fraud and criminality.
The South African Constitutional Court’s rebuke to Zuma in its latest judgment reminds him that no one, not even the President, is above the law.
The Supreme Court reminds Zuma that the requirement of accountability is at the heart of democracy. The American Democrats’ desire to impeach Trump reaffirms that same principle: that being a former president should not grant special privileges.
The message is clear. Democracy demands that Trump and Zuma be held accountable.
Roger Southall is not working, consulting, owning stock or receiving funding from any company or organization that would benefit from this article, and has not disclosed any relevant affiliation beyond his academic appointment.
By Roger Southall, Professor of Sociology, University of the Witwatersrand
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