Kaizer+Mohau+on+Human+Rights

=DO NOT DEFEND THE ABUSE OF HUMAN RIGHTS=

It is very interesting to learn that The NPA intends charging Comrade Zizi Kodwa, following newspaper reports that Zizi called on the public to “hit at the dogs and witches, so that their handlers should come out”.

More interesting is the fact that the NPA has for sometimes indicated that it will deal decisively with people who dare criticises them. In responding to David Masondo’s article on Njabulo Ndebele, Makhosini Nkosi re-iterated these threats.

But it is wrong to use state organs to advance a political agenda and to silence people from exercising their hard won democratic rights to speak, what the NPA is saying is that we do not have rights to criticise them when we believe something is wrong. We won these rights not only by engaging in talks those who denied us them but we further fought for them. Now more than 10 years in a democratic dispensation we are facing similar harassment and persecutions from those who still believe that state institutions should be used to suppress our freedoms.

Surprisingly other institutions like the Human Rights Commission have joined this bunch of people who want to deny us our freedom, despite the fact that the HRC was established to ensure that our rights are not undermined in anyway. But alas, our Human Rights Commission has now become the promoter and accessory to these inhuman treatment. For example the media and some institutions of state have openly abused the human rights of the Deputy President of the ANC Cde Jacob Zuma, but the HRC saw nothing wrong in this, JZ has been found guilty before any credible judicial process could pronounce a verdict  on his cases, but the HRC has been mum on these matters. It is a crime to publicly speak on what is taking place inside the courts, but some NGO’s in their lobbying for funds from foreign reactionary governments like the United States of America has in many ways committed this crime, but still no one has criticised them for this. Instead those who publicly found JZ guilty prematurely and unfairly for that matter are been honoured, what kind of a democratic state are we seeking to reconstruct?

The NPA and the Scorpions have raided people in front of cameras before they are tried, thus compromising the principle of ‘innocent unless proven otherwise’. The report of the Public Protector on violation of Zuma’s rights, and High Court rulings on the illegality of Scorpions’ raids into Zuma’s residences and his lawyers’ offices, are a damning indictment on an institution claiming to act according to law.

Hefer’s conclusions about leaks from the NPA, which have never been fully investigated, should also be cause for concern to all South Africans. Where is the legality of a confidential press briefing by the then head of the NPA, rubbishing the images of citizens, without a right to reply? Therefore it is not to refer to these as abuse of state power and violation of the constitutional rights of citizens.

Nkosi, in a manner typical of the apartheid regime, threatens people who raise their concerns about the Scorpions. Our people will not be intimidated; they are the custodians of our democracy. You do not threaten people the way Nkosi and the NPA does, if you believe as we do, that in a democratic state we all have the right to air our views on matters of national importance.

Never in the history of our law enforcement agencies has the most senior prosecutor publicly pronounced a prima facie case and then not charge. How different is this from the apartheid regime’s detention without trial. Everybody goes to court on a prima facie basis in any case!

Contrary to Nkosi’s decree, Ngcuka’s prima facie statement shall never be forgotten as it has set an extremely dangerous precedent and it constitutes a very serious threat to the rights of all South Africans.

Mr Nkosi and his NPA will know that the manner in which the Scorpions have conducted themselves, especially in relation to Zuma and those supporting him, has been unethical if not completely illegal, as pronounced by the courts.

Perhaps I should pose some questions to Mr. Nkosi: What is dignified about the gun-toting cowboy style the Scorpions have adopted in their dealings with the ANC Deputy President? What is honourable in breaking the law with illegal raids and violating the lawyer/client relationship and confidentiality?

The NPA has already lost confidence of many people. Nkosi’s task is to assist to rebuild this confidence and not issuing meaningless threats. For the NPA to be respected it must act within the bounds of the law.


 * Kaizer Mohau**

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