SACP calls for investigation into the utterances and conduct of former Constitutional Judge Mr Zak Yacoob

Monday, 11 August 2014

The SACP has noted with great dismay comments made by former Constitutional Court judge Mr Zak Yacoob at the Arts of Human Rights workshop on Thursday in discussion with the institute's researcher Lisa Vetten. The SACP calls on the Judicial Services Commission, as a matter of urgency, to institute an investigation into the utterances of Mr Yacoob and his possible transgression of the conduct expected of judges.

Acoording to media reports, "Mr Yacoob said he had a ‘serious problem' with Johannesburg high court judge Willem van der Merwe's 2006 judgment, which found Mr Zuma not guilty of raping a family friend identified only as‘Khwezi'" (Business Day, Friday 8 August 2014).

Mr Yacoob is quoted as further saying he has "a serious difference of opinion" and "a serious problem with the ‘Zuma judgment'", that if it was him, he "would have set aside the judgment". He went further to suggest that in "reality" judges are not independent. Mr Yacoob obviously said this in a manner that casts aspersions not only on the judgement by, but also questions the bona fides of Judge Willem van der Merwe and the judiciary as a whole.

If this is true, these comments by Mr Yacoob suggest that as a judge he was not objective and independent, and are reminiscent of an agenda that has, for years now, targeted the person of President Jacob Zuma politically. President Zuma has consistently been persecuted in the media and found guilty, this in sharp contrast to credible judicial processes. Mr Yacoob's comments not only perpetuate the injustice of "trying" the President in the media. With such comments, how are we to convince the majority of our people to have confidence in the judiciary, as this unfortunately creates conditions for others to be similarly persecuted.

Statement issued by the SACP Central Committee, August 11 2014

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