Holding Power to Account While Guarding Against Political Overreach

GOOD Statement by Brett Herron, GOOD Secretary-General:

The bedrock of any functional democracy is the principle that the law applies equally to all. This includes those who hold significant political power and those who lead major opposition movements. When politicians are perceived to break the law without legal accountability, it does more than just violate a statute; it destroys public trust in the State and creates fertile ground for corruption and authoritarianism to take root.

However, an equally vital principle is that the State must wield its power fairly, consistently, and without “fear or favour.” Justice must not concede to public pressure or to achieve political ends, whether the individual in the dock is Jacob Zuma, Helen Zille, or Julius Malema.

In the case of Mr Malema, while it is correct that he be held accountable for his actions, the State’s request for a 15-year custodial sentence appeared performative rather than restorative. It was a sentence the State knew well would never be imposed by a court for such a crime.

In a constitutional democracy, the law must be a shield for the public and a stabiliser for society. It is important that the application of the law, without fear or favour, does not martyr a political figure.

We must hold our leaders to the highest standards of conduct, and it is right that Mr Malema is held to account. To do otherwise is to risk the very democratic fabric we seek to protect. However, the 5-year prison sentence feels harsh.

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