ANC STATEMENT ON COMMENTS BY JUDGE YACOOB

8 August 2014

The African National Congress has learnt with shock and dismay of comments attributed to retired Judge Zak Yacoob which relate to the 2004 rape case where then ANC Deputy President, Comrade Jacob Zuma, was the accused and later acquitted. According to the reports, Judge Yacoob has questioned the objectivity of the bench as final arbiters in matters before it and further sought to cast doubt on the judgement reached in the matter (see BDLive report here, and Yacoob's clarification here).

The reported comments are an attack on  principles of our jurisprudence and the judiciary. It is quite disheartening that a renowned jurist like Judge Yakoob would, during retirement, seek to degrade his own former colleague in a manner that casts doubt on the competency of another judicial officer and the entire judiciary.Such criticism of another judge by a retired judge is unprecedented and unethical.

Judge Yacoob's statements have further served to reopen old wounds and once again subject President Zuma to a "court" of public opinion. The implication of the judge's reckless statement is that of convicting the President after a competent court had acquitted him of the charges of rape. This is a violation of the principles of law which provide for both sides to be heard fairly without prejudice and once heard, there is final arbitration on the dispute. 

We hope that the Judicial Services Commission will interrogate this conduct and set a precedent for future incidents that embarrass this noble profession. It should be noted though that the ANC is not being prescriptive to the JSC but merely expresses hope that as a body that is responsible for the conduct of judges, it will look into the matter.

Our stance should not be interpreted as an attack on the judiciary but rather protecting same from a reckless attack by a retired judge who served in the same judiciary. We also are alive to Judge Yacoob's right to freedom of expression but such rights have limitations when they clearly encroach on other's. 

We hope that the judge will reflect on the implications of his statement and apologise to the President and the  Judge Van Der Merwe who presided over the matter.

Statement issued by Zizi Kodwa, ANC national spokesperson, August 8 2014

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