At their recent national convention in St Paul, Minnesota, the Republicans were quick to blame the “liberal media” for many of the ills of society. So too were their supporters in the conservative press. In response to questions regarding the suitability of John McCain’s running mate, for example, Jeffrey Kuhner of the Washington Times — not to be confused with the Washington Post — wrote that the “liberal media are determined to tarnish the reputation of Alaska Governor Sarah Palin”. Interestingly, the Economist — beautifully written but somewhat conservative — viewed McCain’s decision as raising “serious questions about his judgment”.
In South Africa, we too like to shoot the messenger. Take the ANC’s response to Zapiro’s most recent Sunday Times cartoon as an example. While paying lip service to press freedom as “one of the cornerstones of any democracy”, our ruling party claims that the mere publication of the “disgusting cartoon” constitutes “the abuse of press freedom”. Long story short, the ANC hopes that the “ranting dictator who finds joy in manipulating the truth” — better known to the rest of us as Mondli Makhanya — gets replaced, calling on the public to ensure that he “answer[s] for the abuse of press freedom by the Sunday Times“. A consumer boycott, perhaps?
Of course, those familiar with this particular war of attrition would remember Essop Pahad’s “very strong personal view” — which followed in the wake of the exposé of the minister of health’s drinking habits — that the state should pull its adverts from the weekly rag. The legal issue — whether an organ of state may decide to withdraw advertising from a newspaper solely on the basis that it disapproves of the publication’s content — is before the Grahamstown High Court. In that case, Rhodes University’s Grocott’s Mail is seeking to overturn a local government decision to boycott the twice-weekly publication.
But, as always (and as I always note), I digress — back to the Zapiro cartoon. I can understand why many may view it as depicting Jacob Zuma as a rapist. He’s sporting his showerhead, his pants are undone and a woman is pinned down in front of him. His comrades are egging him on: “Go for it, boss!” But it’s not just any woman. It’s a representation of the justice system, and the showerhead is widely understood as a reference to the comments about showers and HIV prevention (not the rape trial itself) and those pinning the woman down have all been complicit (or worse) in the attacks on the judiciary. Crudely put, the system is being screwed as part of a power play.
The question is not whether it “insults the integrity of the secretary general of the ANC … and [other] alliance leaders”. Of course it’s an attack on the organisations’ leadership. Rather, it’s whether the attack constitutes fair comment. As edgy as the cartoon may be, in my view — for whatever that’s worth — it passes the test. The ANC may have “repeatedly stated … [its] commitment to uphold and defend the Constitution, and the rule of law”, but it is disingenuous to assert that it has never attacked the judiciary but has rather “criticised unfair treatment of our president … in a normal public discourse of a democratic society”.
Normal public discourse in a democratic society does not, for example, include the ruling party marching to courts and police stations calling for the withdrawal of criminal charges. Nor does it entail labelling judges as counter-revolutionary. Most certainly, it does not include characterising the decision to lodge a complaint against Justice John Hlophe as mere preparation for a ruling against Zuma. “We expected this,” said Blade Nzimande shortly after the Constitutional Court had dismissed Zuma’s appeals to set aside the search-and-seizure operations crucial to the prosecution’s case. “The whole Hlophe matter … was actually preparing us for this.”
To be fair, Zapiro’s cartoon does push the boundaries of what we may consider acceptable. But so too did the one portraying the president’s official biographer and off-tune praise singer as a brown-noser, not to mention the cartoon depicting the former Israeli prime minister as a fascist and the one in which the minister of health crucified people living with Aids. Speaking of her, who could ever forget “Lemon is not a vegetable?” It’s the nature of the medium — it’s supposed to do what it does. It’s not meant to make us feel warm and fuzzy and patriotic and ready to take up arms to defend the leader. It’s designed to get us talking. At least we’re now talking.
I thought the cartoon brilliant. When I first saw it I thought “Here comes Trouble - Good, About Time !”
I would just like to remind everyone that NONE of the Constitutional Court Judges were ever judges during apartheid, and this continual attack on them is disingenious. Also taking children out of school to march on police stations to support “one man” NOT going to court is NOT democracy.
The ANC like to boast about our wonderful constitution - while they have already amended it 12 times! AND are trying for 2 more amendments - one to curb the press, the other the judiciary.
I often wonder if part of this is not spite by Mbeki, rewriting the Constitution which was effectively the brainchild of his arch rival, Cyril Ramaphosa.
AND I do wish everyone would remember that the main charges against Zuma relate to fraud in public tenders which have NOTHING to do with the Arms Deal at all - but relate to contracts given to Shaiks’ companies for upgrading roads and producing the new credit card drivers licences. All this talk of Arms Deal Amnesties would not make those charges dissapear - they have NOTHING to do with the Arms Deal.
The lunatics have taken over the asylum when SA’s best cartoonist tells the truth - bravely, directly and perspicaciously. But the criminals who incite civil unrest, sedition, lawlessness, war, murder and the violent overthrow of the highest law in the land primp and posture like tinpot dictators.
These were the same brutal thugs - Mantashe, Vavi, Malema and Nzimande - who blithely call for criminality and anarchy.
In a sane, responsible democracy where respect for and obedience to the Rule of Law reigned supreme, these evil men and their bellicose gangs of enforcers would be rounded up, charged with the crimes they have demonstrated themselves to be undeniably guilty of convicted of their crimes and jailed.
Aah, but that would be in a democracy, wouldn’t it? The fact that they enjoy the support of a corrupt government and paper-tiger public watchdogs like the HRC, propped up by a private army calls SAPS and a moribund justice system proves South Africa is not a democracy.
Shame on all of us! And shame on those who pretend otherwise.
Well done Zapiro! I could at a stretch understand the brouhaha about David Bullard’s infamous piece, but this one is above the line. Maybe just so, but it passes all critical thinking tests.
Indeed, It does not refer to Zuma’s rape trail – it has no bearing on the past, but rather on the current situation and the near foreseeable future. As stated ad nauseum, the fact that JZ has a rape trial behind him, is incidental.
Is it “Racist”? Wait for it, those choruses are going to come. Absolutely not. The fact that these are black people screwing the system is purely incidental as well. Bullard may have been racist, this is just fact.
Is this defamation of character? Hell, it should be, but it’s not - its an accurate description of their own doing!
Is this anti-ANC/Alliance partners? I don’t think so, merely depicting what some people are doing to our justice system – this legal wrangling, statements threatening anarchy, marching along, demanding that charges be dropped, is nothing short of raping the justice system.
This is a very, very edgy cartoon depicting very accurately what is busy happening.
Ask yourself this – if Eugene Tereblanche demanded that his charges be dropped and the AWB marched on courts demanding their boss be cleared, and Zapiro drew exactly the same cartoon with ET and his cronies instead of JZ and the Monkey-Boy brigade, would there still be a complaint?
Partiality in a highest order…Not so long ago, you & your ilks were crying crocodile tears over Malema’s comments.
Even though Malema explained himself, YOU (and buddies) still managed to label him with names and persist to condemn his actions; now because it’s a w….person everyone is seeing it fit to stand up and defend this ‘Twisted-eyed shell of former self’ creature while he relentlessly dent people’s images.
Your defence of Zapiro’s inappropriate conduct is tantamount to a slap in the faces of impartial contributors; it’s sickening to say the least.
Siphiwo Qangani with kangaroos on September 9th, 2008 at 8:16 am
Was Zapiro’s cartoon outrageous? I guess most people would agree that it was in bad taste. Was publishing such a cartoon in a family paper unacceptable? I still feel a much more people would vote yes for this too. Is the ANC right to protest against this particular cartoon? Most people would still vote yes for this.
I love Zapiro. He is a great guy. He always brings to life a lot of serious issues. I think he is right to point out the abuse of the judiciary system by JZ, the ANC and its alliance partners but the image he chose is way off the mark.
Far from generating debate on the issues of judiciary independence this cartoon has strayed into other bounds. To some people it actually undermines the judiciary as it seems to suggest that the acquital of JZ of rape charges was wrong. Mr Zapiro is human and to err is human. He must stop making excuses and apologise for going to far.
This is clear that there are counter revolutionary forces who are out to discredit the ANC and its leadership. What Zapiro did was personal. Why is that Jacob Zuma is still portrayed as a rapist, didn’t the so called court of law find him not guilty. Why does Gwede Mantashe has to be part of the gang of rapists. What happens when Mantashe and Nzimande’s kids see the cartoon. Some of us (ANC members) are getting tired of the constant abuse we’re getting from these forces of darkness. The cartoon also implies that we black men are rapists. Mondli Makhanya and Zapiro have not only declared war on the ANC leadership, but also to the broader ANC church. I think its time he is send back to Israel.
Zapiro is shockingly brilliant and produced a most necessary comment on a dire situation.
It’s fine for the alliance #@$%holes to attempt to trash the justice system but its not ok to have the words and actions of some and inaction and silence of others starkly thrust in their duplicitous faces? Double standards reign supreme in sunny SA!
Your questions should be addressed to your beloved leadership which discredits itself.
They have given Zapiro all the justification to create this work.
Perhaps Mantashe and Nzimande should have thought of their children first before indulging in the type of behaviour that gives rise to this embarrassment?
Why is it always the messenger’s fault? Why can’t you win with an argument instead of saying “send him to Israel”? Stop this “forces of darkness” rubbish and come up with an analysis of your leaderships’ behaviour towards the courts in the corruption trial. Their threats against the judiciary. Their attempts to discredit decisions they don’t like without even reading them. Their attempts to intimidate the courts with mass action and invasions of the court houses.
And if you put your mind to it the rape trial has nothing to do with it, its the attempts to rape the justice system for the sake of Zuma their boss. The showerhead is from his references to showering after unprotected sex. Again, something Zuma brought on himself.
Time you asked the diffcult questions of the people who should be answering - your beloved leadership.
From my point of view, I look forward to the next Zapiro cartoon.
Well somebody had to say what we are all thinking. Zapiro just does it with cartoons. The irony is it with the same eyes the world is viewing us. (Zuma was told by a british news reporter that the world see him as a criminal in a live interview!)
The leadership of this country is a disgrace and I am truely convinced it is time for new leadership and new goverment. I just hope and pray it will come about peacefully.
I’m not surprise by Zapiro. In 2007 at Design Indaba in Cape Town, Zapiro was invited as a guest speaker. He told delegates that he would take it upon himself to discredit JZ since he sued him. He said from that time onwards every cartoon he will draw would have a shower irrespective of the outcome of the rape charges or the explanation about the shower.
So, I have learned from that day that it is not about freedom of speech. It is payback and total personal vendetta.
Do not mix the freedom of speech with personal matters. Zapiro now uses the media to settle his score against JZ it is totally not the media freedom as you put it.
Welcome back - I missed you. I now its futile to ask you to post more comments, but its still nice to see your name here.
Back on topic:
It’s amazing how polarised responses have become, with a certain group saying that if you think about it, this cartoon may be tasteless, but its not inaccurate or slanderous, and that if you look at this with open eyes, it’s an effing brilliant cartoon - maybe the best one in years. I call this the “rational” faction.
Then there is the other group who are so playing the man and not the ball, and shooting the messenger. I call this the “emotional” faction.
And as long as we are polarised between those factions, we will have great fun stirring the shit-pot! So, prepare for years of pot-stirring to come, because we will never cross over to the other side.
Zapiro has for years been an equal-opportunity offender. To tar him with a bias – racist or otherwise – is disingenuous. I like Zaps coz he calls it as he sees it – not only that he is a wonderful artist, many people can draw – but that he has the wit and wisdom to symbolically and comically hit nails so bloody accurately on the head, he is surely one of the finest political cartoonists in the world today (Next to Madam and Eve, of course!).
Zaps – if you are reading this: I hope you won’t bow out of the game because of a few puffs of hot air, Boet. We need you now like the old SA needed Pieter Dirk Uys. Yeah, there will always be those who take themselves, and therefore the world, too seriously, but you Boet, are doing a good job!
[…] Zapiro is receiving some grassroots support. Today Jonathan Berger, from the AIDS Law Project, spoke in Zapiro’s defense. Saul Krotman also supports […]
While I agree with the metaphor of the cartoon, Zapiro was a bit mischievous - why a depiction of what appears to be a white woman being raped by black men? Is there a hidden message there?
ANC church?? Counter revolutionary?? What silly rhetoric. The struggle is over (technically) and what we have now is supposed to be a democracy. Now we have to do boring things like respect laws and act with integrity, and - this is the kicker - respect the rights of others to tell it like they see it.
Drop the race card, and read what the cartoon really says - the Zuma camp is violating justice. And you cannot deny that they are doing this, by bullying, playing the victim, and generally acting like spoilt kids.
Whether the cartoon is in bad taste is, imho, beside the point. He has very succinctly described what is happening with regards to Zuma’s corruption trial. If Zuma doesn’t like it, he is free to actually stand trial.
Well, of course the cartoon is racist. Shapiro writes for a white right-wing audience. No surprise there that he depicts blacks as genetically disposed rapists.
Of course Shapiro depicts gang-rape while hiding behind the presents that he is boldly illustrating the way in which women are treated in South Africa. Standard excuse. No surprise there.
The only interesting thing about the cartoon is that it conceals the real issue, which is that the judiciary is being paid to protect Zuma. That’s the only real sense in which justice is being raped. But of course Shapiro wouldn’t have the guts to depict anything so honestly — he has his paymasters and his audience to please.
I love the cartoon and can only echoo what the other gentlemen has asked” When and Where can we get the T- shirt?”.I’m not member of the ANC nor a member of it alliance partners, but a general member of the public who has been voting for the ANC in the last general elections.The question will pop up as to whether i’m still going to vote for this so-called ANC and Unsuprisingly,Hell will freeze over-(Ilanga lowa licoshwe zinkukhu) before i could vote for (JZ & cronies) corrupt and unethical leaders.There is an outcry here in the township about JZ and cronies,marching to courts, demanding the charges to be dropped.Like any member of the public,lets him face the trial and be judged.We are all equal before the law and Yes,i support Zappiro-Big up man!Tell me where i can get that T-SHIRT!
SBU
They say a picture paints a thousand words and so it does in the case of Zapiro’s cartoon featured in the Sunday Times of September 7th.
Abbreviated in journalistic speak, it would probably go something like this: “Jacob Zuma the President of the once highly respected and admired ANC, stands accused of attempting to rape the Justice System of South Africa. His wholly self-serving, entirely unethical ’struggle’ tactics to avoid at all costs his corruption trial, are blindly supported by certain prominent leaders within that party, the ANCYL and the Tripartheid Alliance. As one, they have launched a scathing, unabated, unfounded attack on the credentials and motive of our judges, including those from the Constitutional Court, many, if not all of whom, featured strongly in South Africa’s struggle history”.
Printed in words, the comment would cause hardly a ripple! The cartoon is shocking in the real sense of the word. It brings into sharp focus this insidious and dangerous attack on our judiciary and shows it up for what it really is. The rape of the judiciary. It warns us that if allowed to continue, our highly acclaimed Constitution and hard fought democracy could be ripped out from under our feet.
Zapiro’s loyalty and commitment to South Africa cannot be questioned. During those dark and terrible years of our history he was harassed and detained by security forces for courageously and openly aligning himself with the struggle for a just and inclusive dispensation.
He, at least, has not changed his belief in and commitment to these high ideals.
Zapiro remains courageous and loyal to South Africa. More of the same pure motive and strength of character is needed if our young democracy is to survive the onslaught being waged against it by self seeking politicians who exploit the vulnerability of the poverty stricken and poorly educated for their own selfish ends.
Iassumed the “woman” was black, and last time I checked Zuma et al were black, but then we are desperately looking for justification for the racist label aren’t we?
Zoo, great comment. MFB - say that again in a language we can all understand - the judges of this country are being paid to protect Zuma? Lets get all the juicy details please because this is big news…..
Maybe we should all get the t-shirt, now that would get interesting.
@ MFB (Funny when i see you name i always think ‘More F****** Bollocks and i wasn’t wrong)
There is nothing racist about the cartoon, only your racial prejudices that come out when you view it. Zapiro has drawn hundreds/thousands of cartoons that were directed at whites particularly the old regime.
Same old story with you, when he agrees with you he ok, when he disgrees he is racist. It is actually posiible for a white and a black to disagree and it not be racist, go on, give it a try!
Julius Malema was not wrong/guilty because he did not mean (did not understand?) what he was saying i.e. he was talking rubbish and does not have to apologize for saying nothing. No surprise then that everyone seemed to misinterpret whatever he was saying. Zapiro is being crucified because he new exactly what he was saying, and will have to apologize for telling the truth.
Jonatham Berger you can defend Zapiro’s cartoon if you like but it does not make it right to use a women like that.It does not make sense to me to say a woman being pinned down represent judiciary,come on Jonathan two wrongs wont make a right.Think of other better ways and believe me you have already failed the test too.
@ Bingo
Shame man, did your feelings get hurt, what about the feelings of the South Afrixcan public who have to be subjected to travesties of Justice and strikes in the name of Zuma. Put a leash on your party president!
I wonder what YCL Gauteng Secretary, Alex Mashilo meant when he said, “We will mobilise all our resources to make sure the case comes to an end.” Note the “make sure”.
He also said, “No sober judge will be ruling in favour of the prosecution”. Am I wrong, or is this a neat preparation to repudiate the judgmnent on the streets… (as opposed to a court of law).
Jon…who is JZ representing in the cartoon. Mantashe represents the ANC, Vavi (cosatu), Blade (SACP)and ANCYL with Malema. If the Zapiro wished to address the situation why Zuma is represented on his personal capacity not as an organisation (ANC) in the cartoon.
If Zapiro says the ANC Alliance is raping the justice system, JZ should have been presented as the ANC in the cartoon since they(ANC) are the main player in this matter. Therefore I disqualify the cartoon on those grounds.
The more argument the better the cartoon becomes! I agree. I had actually thrown the paper away - then went through the trash to find the cartoon and have pasted it on my fridge!
Thabiso
How old is your family if the Sunday Times is the kids’ “family paper”?
Bingo
I hope the children DO see the cartoon and discipline their parents - no-one else seems able to; not the ANC and not The Human Rights Commission.
And it is about black men because the politicians involved are all black! Duh!
Tman
Zapiro saying every cartoon of Zuma will have the showerhead IS about freedom of speach - because Zuma tried to threaten and blackmail him to stop with court process. So he did NOT stop!
Sentletse
A white woman? With those lips, that bone structure and that hair?
Regarding accusations of racism - If defending and upholding the Constitution of South Africa drafted by her struggle heros and greatest minds makes one racist, bring it on! If expecting all the citizens of South Africa, including Jacob Zuma, to humbly submit to the rule of law and judicial process makes one racist - bring it on! If objecting in the strongest possible terms to inflamatory statements inciting our citizens to kill for Zuma uttered by none less than the president of the ANCYL, the general secretary of COSATU and the president of the South African Communist Party makes one racist, bring it on! If daring to think that Zuma, his advisors and legal team have been the objects of the delays in the commencement of his corruption trial makes me racist - bring it on! So crushing that for the first time since 1994 my conscience will not allow me to put my cross next to the ANC on the ballot paper…. not if it has Jacob Zuma’s name on it anyway! I am gutted! Rose Morrow, Durban
What a brilliant cartoon! It depicts our current political environment all too accurately. And I just love how the “racist” card is being called again… YAWN… it’s getting boring and predictable.
And while we’re at it, Jon Qwelane was vehemently “defended by his own” when he made homophobic hate speech, Sipho, so just remember, everyone is entitled to their opinions. JZ has a history and this will be his legacy - the rape of South Africa’s constitution.
Zapiros cartoon explains what is happening to out democracy. The ANC and SACP cronies depicted in the cartoon hide thier intentions with the various threats they make and this just brought all out in the open.
This stupidity has to stop - people have been manipulated as voting fodder to vote a couple of imbeciles into power. They have not earned any leadership rites.
As usual, people are talking about Shapiro being “crucified” when he is being paid very well and praised to the skies by right-wingers.
The facts remain that:
the cartoon is objectively false (like most of Shapiro’s cartoons) since the Zuma gang are not specifically targetting justice; they are just accusing the state (particularly Mbeki) of traducing justice and faking evidence against Zuma.
I was wrong to talk about the “judiciary”; of course it isn’t the judges, it’s the whole legal system which serves to defend Zuma (and all other rich and powerful people) and which, in this case, is raping justice. (If we had an honest legal system, Zuma would have been in jail three or four years ago.)
But I stand by my accusations against Shapiro. It was a cheap, crude cartoon appealing to racism. Those caricatures of blacks in this cartoon are very similar to anti-Semitic cartoons. The whole context is one of white paranoia.
Some of the responses above certainly highlight the level of integrity and the depth of understanding of the process of democracy amongst many of the supporters of the tripartite alliance .Lets face it as things stand at the moment all indications are that the same Zim style banana republic fate awaits SA.
Thanks to people like Zapiro the bluff of those hell bent on destroying our democracy might just be called in time.
Steve van Niekerk on September 9th, 2008 at 5:18 pm
To Lyndall:
I agree with the sentiments that there is absolutely NOTHING wrong with the cartoon. And that its criticism is unwarranted and irresponsible.
However I have a problem with some of the things you mentioned in your posting. Firstly, the constitutional amendments- kindly elaborate. Specify exactly as to which one you were referring to and where the constitution was amended in particular.
As far as current affairs, information, knowledge and understanding is concerned. I know of amendments of bills, Acts etc NOT the constitution. Kindly substantiate.
Moreover what do you mean by “I often wonder if part of this is not spite by Mbeki, rewriting the Constitution which was effectively the brainchild of his arch rival, Cyril Ramaphosa.” This looks unclear to me –at least. Please raise clarity on that.
Zuma is not disciplining his “followers” they do and say as they wish and he just condones it. He has never come down on them as an accountable and responsible person would. And one would expect that a future- more like compromised- president would act in a manner that is disciplined, appealing and just. He is just erstwhile, arrogant, disrespectful and ignorant.
Malema has become powerful person in our society and there fore what he says and how he says it is imporant. Recently to express his support for Zuma and the ideas he represents he said ” I will kill for Zuma”. Because he is a “powerful” person in society as a whole , it was fair for people in teh country to critise him and seek to limit him.
Zapiro is a powerful person in our society. He has special access to teh public media and is able to put out is ideas in a way that influences the way people should look at a problem.
His cartoon on Zuma and alliance raping justice , is seen as offensive. It did not mean to say that Zuma is raping and individual but it uses associate Zuma and teh alliance in the imgary of rape. The cartoon startles annoys , upsets and leads people especially who are powerless to reply to become angry.
But why should Zapiro limit teh way he express himslef.
For that matter why should Malema restrict his startling way of presenting his views on a an issue.
They both say what they say in the way they say it because they are powerful people and can do so.
Is this an issue of democracy and freedom of sppect of teh tendancy of powerfull people to become arrogrant and insentative
To Sesentle:
You are utterly and COMPLETELY incorrect and misdirected at trying to racialise Zapiro’s cartoon.
Use the link that Gerry has assigned to you and you will learn that the woman is actually representing the equality, impartiality and integrity of the justice system. Hence the usage of a SCALE to ensure checks and balances in the criminal justice system.
You will note that a woman is regarded as a carer and a nurturer. Hence why the Scales are affixed to her head. As a symbol of checks and balances. And an assurance that the judicisry will at all times ALWAYS be in good, warm and competent hands.
You will learn that the SCALES are broken from her head in the cartoon and that they have been ignored and given no attention at all. Which is ironical for a justice system.
The Woman is by no-means Black or White. She is a woman –and it ends there- who symbolizes the respect and integrity of the judiciary.
The cartoon is merely saying that Zuma is doing all his best to ensure that he does not go to jail. Even if it means putting the criminal justice system in complete disrepute and disgust. This is what the rape symbolizes, not that JZ is a rapist.
Why the big fuss in any case, he was acquitted wasn’t he? There is no-need to cry over spilled milk, there is ABSOLUTELY nothing wrong or demeaning about the cartoon. Absolutely nothing!
I never expected this from you, it is people like Japes, Amused reader, pale face who like racial finger pointing. I never thought that you would also be part of that mischievous quarter. What a disappointment!
Waze wangiphoxa mntanasekhaya, mara wayi vele- ye? Ungaphinde ntanga!
Another View on The Zapiro Cartoon - Good, Bad and Interesting:
Start with Bad:
Poor taste aside, the depiction of JZ as a rapist is mischievous, not only because of his acquittal but because of the circumstance of his prosecution for that particular alleged offence. According to a recently published book by an ex high ranking SAPS profiler, a rape case usually needs 3 of 5 criteria for any chance of a successful prosecution. This will infuriate gender activists but apparently these criteria spring entirely from the burden of proof required in such cases. This is th gist of it:
1. The victim and perpetrator are strangers
2. The victim has limited sexual experience and has not accused anyone previously of sexual assault.
3. The rape is reported within a short time
4. There is evidence of physical coercion - injuries, bruises, torn clothes etc.
5. There is forensic evidence linking the perpetrator and the victim and the sexual act.
In a case such as this where the issue was whether consent was given or not, 1 - 4 apply. In fact none of these criteria were met by this case and it was an extremely poor candidate for successful prosecution. Ordinarily it may well not have been prosecuted and the timing and mysterious circumstances of the alleged victim are in fact deeply suspicious and suggest strongly that JZ is indeed the victim of a conspiracy. This brings us to the good.
The Good:
So in fact the Maiden of Justice, it might be speculated, has first been unceremoniously violated by the ANC faction opposing JZ. Our president possibly and his coterie of die-hard loyalists may have been first in line in setting JZ up and now the second gang are going to do the same in a far more public fashion to get him off. So the cartoon really brings home the scant respect for the law and its institutions that has taken root at the highest level and also the gang like aspect of the factions that have formed in their tendency toward violent rhetoric and cult like servitude to their leaders. Whether our pompous and well heeled legal personages, in private practice and without, have been a third, rather more sartorially splendid gang by letting the running of our courts go to hell under their aquiline noses is another question. The cartoon however also evokes something interesting by reminding us (mischievously) of the legal proceedings leading up to what has essentially become a constitutional crisis:
The Interesting:
What the rape trial brought to light, in combination with the Shabir Shaik trial, is that JZ’s apparent misjudgements, ethical breaches and questionable financial dealings make him an ideal candidate for a conspiracy. While they all seem rather quotidian for a fish of JZ’s size they do rather detract from his attraction as executive leader of our entire nation, for any of us not needing and hoping to be thrown a bone by the ascension of a populist. It seems when people wanted to throw mud, the ground was rather soggy. Arms deal corruption is de rigueur in politics as is the kind of small time kick-backs that JZ supposedly took from Shabir and as for sexual peccadilloes in politics, one can just quote that timeless apocryphal JFK gem, “If I don’t get a fresh piece of ass every day I get a migraine headache”. Thing is, democracy is the sacrifice of continuity of government for the privilege of being able to boot the unsavoury and the venal when they, to invoke Brezhnev’s maxim, float like turds to the top. So in a democracy when you make a bad play and get mud all over you, you get yourself clean or you go, but messing with the institutions is not on. People are replaceable and institutions, well lets just say they’re bloody costly and difficult to replace. So why in this place of fragile institutions and rampant criminality are we risking our criminal justice system, over what in global terms, is just common garden variety political intrigue? Maybe that’s not interesting, maybe its plain frightening.
Zapiro made fun of the old Nats from the apartheid years, he made fun of Evita … and now he makes fun of Zuma. It’s all part of the process – call it what you want: freedom of speech, freedom of press, satire humour etc. It’s a good thing because it helps keep the balance and a healthy democratic society requires it!!
Interesting statement by Blade Nzimande:
“The whole Hlophe matter … was actually preparing us for this.”
As for the cartoon depiction of Zuma’s — and the ANC, and their crony judiciary members, for whom the constitution and bill of rights meant sweet nothing, in HC-CPD Appeal A 696-04 (as documented at JAG 07-146) actions towards; the respect they DEMAND from the public for the ‘rule of law’ and the ‘courts’, is nothing more than a farce.
Hlope was in fact the High Court Judge who did nothing about the NPA’s refusal to place HC-CPD Appeal A 696-04 on the roll for hearing in the High Court.
The ANC and many of it’s cronies in the judiciary treat the constitution, the bill of rights and the principle of the rule of law, with far less respect than Orange Free State University students treated a few black maids; and furthermor the students DO NOT PRETEND to be the countries role models and leaders of integrity and respect for the rule of law!!
Do not mix professional conduct with personal vendetta. The justice system is the only platform available to clarify if someone is stepping on your toes or not. JZ used a legitimate court process not the kangaroo media court to justify Zapiro’s behaviour.
There are two JZ, the ANC leader and normal being. In the cartoon JZ is not represented as a leader of an organisation but as a rapists in his personal capacity(It is not JZ alone who is abusing the justice system it is the whole organisation). I say it again; it would have made more sense if JZ was presented as an ANC leader in order to support the interpretation of the subject NOT in his personal capacity. For a person who does not know JZ, the cartoon says the behaviour of this man NOT the organisation is abusing the justice system.
Xolani and Minsk for joint president, how come such clever, intellegent, decent, articulate and decent persons are just writing blogs and not running the country.
Carry on guys you show the other Goons up, may Thought Leader give you guys a permanent posting
The cartoon is sincere and honest but it is so unfortunate that some people like to play the race card to the comfort zone. This race card exonerates one from blame and responsibility. I suppose even if Zapiro was black he could have been labelled as a puppet of the Western media and that is quite common in Africa.
If Africa is to advance to its full potential, Africans needs an honest debate and that is open to critiscm. This anti-Western bullshit needs to end and that also applies to this old tattered race card.
If Gerry is WHITE and Sentletse is BLACK, we will then believe there could be a mismatch in their reading of the cartoon. for argument sake lets say the woman justice system is black, the current justice system of the country is the black sister of the ANC. Sentletse may not be blind or uncritically but ashamed by the fornication that appears to be happening in the cartoon. one of the big uncles (JZ) raped her niece consensually and took shower quickly after the incident to clean his conscience and the disgrace. In Gerry’s analysis of the cartoon then we would argue that any white person would not want accept, tolerate and appreciate a black big uncle screwing a tiny little white sister that would be disgraceful. One can only imagine what could happen to her and her siblings. We are not playing the race card but we intend to point out the different view in a diverse democratic society we are all proud of. In a cultural point of view of a black man the cartoon is a disgrace. In a white men’s civilized society cartoons are humour. Unfortunately, Justice System is neither black nor white. It does not matter if its leader is Black; it dishes the white laws.
Power and Terror on September 10th, 2008 at 10:57 am
Jonathan, we should have known. Do you remember the old English phrase “Birds of the same feathers flock together?” We suppose you are an Advocate, you were expected to defend the justice system not satire. If one decides to redefine himself as a Jew one should take up arms again the honourable A. Hitler not ANC Leadership.
Power and Terror on September 10th, 2008 at 11:25 am
We are prepared to take up arms and kill for Zuma.
Mbeki is a coward - he should be recalled by calling for early election.
We should eliminate all the opposition.
We can allow this white journalist to disrespect our president.
What do all the above expressions have in common
Utturances by the ‘genius” ANCYL president. the honourable Julius Malema.
For Malema to claim that disrespect is shown to the one with the machine gun is dof. The man brings that unto himself. Some of us close our ears everytime he opens his mouth.
Did Zapiro cross the line of ethical commentry, me thinks he borders on crossing over. I would however encourage him to dish out this thought provoking comment (cartoon) if likes of Malema keep taking us for stupid consummers of news.
PS. In a gathering of opinion makers including Mantashe and Pityana it is reported that in response to Pityana’s comment about the ANC leadrship - Mantahse is said to ha responded that, if the likes of Pityana raises issues the ANC will find people to deal with them - note not to deal with the issues but to deal with those who raise the issues (was Mbeki not accussed of practicing this very approach to debates?).
I guess it is a question of the more things change the more they stay the same.
I hope that everyone READS your post CAREFULLY! You have listed the reasons why so many rapists get off. NOT because the judge or magistatre believes them but BECAUSE the state could not prove the case “beyond reasonable doubt”. HOWEVER the onus in a civil case is on the best “balance of probabilities” NOT “beyond reasonable doubt”.Therefore I still say that Zuma’s victim would have won in a civil trial.
This is a man , remember, who has 4 present wives, one ex-wife, one decesed wife, and allegedly a few engaged women as well, including a niece of the King of Swaziland. He has more women than the Zulu king - AND there are cultural reasons why the Zulu king must marry a woman from each tribe, because these wives are the representatives of their tribes at court. What is Zuma’s excuse?
Xolani
You always give me a lot of work! I would have prefered to write a blogpost and refer you to it than a comment - but I have not been able to post for almost 2 months and my blog on Amagama was down for most of the three months before that! It is driving me nuts! However here goes in reply to your questions:
AMENDMENTS TO THE CONSTITUTION
I thought it was common knowlege that Mbeki has used the ANC 2/3 majority to continually amend the Constitution while paying lipservice to “the best constitution in Africa”. To quote:
“Since coming into power in 1994 the ANC has engaged in a number of practices that narrow rather than expand the political space for democratic participation. With more than two thirds majority in parliament, it has amended the Constitution, hammered out in interim form in CODESA over a two-year period and finalised in the people’s Constitutional Assembly over a further eighteen months twelve times, with the thirteenth and fourteenth amendments in parliamentary form…a precedent has been set; as amendments become routine, the practice is internalised in the emerging political culture”
“Shades of Difference” by Padraig O’Malley (page 471)
It is only my personal opinion that this is partly spite against Ramaphosa. Most writers attribute it to Mbeki’s communist training and his Stalinist Centralist leanings.
RIVALRY BETWEEN RAMAPHOSA AND MBEKI
This is also in almost every book. While Cyril was busy with negotiating the constitution, Mbeki AND Zuma were conspiring against him and working up a support base. For instance Mbeki canvassed Winnie Mandela and Peter Mokaba (ANCYL) both of whom disliked Cyril. Winnie, because Cyril had been deputised by Mandela to the Mandela Crisis Committee trying to curb Winnie’s excesses with her football club. Peter because Cyril had opposed and criticised his “one bullet” slogan. Mbeki and Zuma also started a smear campaign against Ramaphosa. I will not quote all the books on the subject here. Just three.
“Mandela…dropped a few hints along the way….that he had personally favoured Cyril Ramaphosa….Mandela warned in the speech that there could be problems”
Allister Sparks “Beyond The Miracle” page 281 ( I have already posted the words of Mandela’s speech)
“Thabo Mbeki ruthlessly carved his way to the deputy presidency at the expense of the more popular Cyril Ramaphosa, Mandela’s favourite”
“After The Party” by Andrew Feinstein (page 20)
“A third explanation for Ramaphosa’s inability to compete for the leadership was an increasingly dirty campaign of smears and character assassination. This was the harbringer of the vicious disinformation campaigns that were to scar the decades of Mbeki’s rule….Some were disturbingly malicious. All, to my knowlege were false………….Mandela’s friends and allies fell away, and he proved unable to prevent an unhealthy consolidation of power around MBEKI AND ZUMA’S conservative exile faction…..Mandela was neither decisive enough, nor any longer powerful enough, to inhibit Mbeki’s rise to the ANC presidency…He could not even prevent Mbeki hand-picking his deputy president, Jacob Zuma although convention dictated that the position should go to a different wing of the party.”
“Cyril Ramaphosa” by Anthony Butler (pages 320-328)
It was only much later that the co-conspirators Mbeki and Zuma fell out.
Tman
All Zuma is “using the law” to do is to buy time with actions both he AND his lawyers know they can’t win, while he whips up mob support. If “justice delayed is justice denied” this can’t apply if the accused is the one delaying the justice. Also if it applies it must apply to all. The Waterkloof 4 have just gone to jail, at aged 22, for crimes committed aged 15. That is 7 years. Does this rule apply to them as well or just to Zuma?
Brent
I wish they would either give ME a post or TL OR get Amagama working!
ah but i hear a cry from zapiro and his elite of how anc/alliance are going to abuse judiciary,what about zapiro respecting members of this organisation for him to insult this leaders means he is attacking masses that are led by these leaders.zapiro represent the view of rich torwards the masses,ignorant,violentand abusive,he might as well be groot krokodile
Without debating the merits and demerits of the cartoon, can somebody explain what kind of sick society will get so hyped about a cartoon that Zapiro has explained perfectly.
Sentletse you are my buddy and brother, but this is just a lot of noise about nothing. Lets not stereotype ourselves by calling things that are clearly not racial exactly that. Fighting racism and the mistaken white belie of purety is too important.
Brad Brzezinski on September 10th, 2008 at 5:59 pm
Imagine if God intervened - and thumped Zuma dead with a thunderbolt? What would Zuma’s thugs do then? Trash the churches? Plan to “kill” God?
The trouble is that the ANC paid as much attention to the Youth League as they did to Eskom. Anyone has been given membership and no training - and mostly unemployed, unskilled and uneducated have joined looking for advancement. I think it unlikely that any of the grandchildren of the original Rivonia trialists are even members.
If they want to “die for Zuma” why not let them? Maybe the police should just listen to the Minister and “shoot the bastards”. Or does that not apply to ALL criminals?
Or is dragging children out of school to terrorise courts and police stations not a crime?
To all those who critisise Zapiro, before you post again read Andy Mason’s brilliant deconstruction of the cartoon in the Cape Argus of 10 September. You may just save yourself from further embarrassment.
For those of you with a more recent history of Zapiro…
Check out his cartoons from the 80’s where he ruthlessly & truthfully portrayed the atrocities of the Nationalist Government. PW Botha never escaped unscathed.
He was lauded by the very UDF, ANC & other “struggle” organizations who saw Zapiro’s work as the voice of the nameless & faceless. His work was banned & his freedom to express the truth curtailed by every means possible.
25+ years later…Zapiro is still giving South Africa & the world his biting, satirical, view….Yes the truth!!!
How ironic that now, this artist of integrity, is being attacked & possibly “banned” by the very same people who thrived on his biting criticism of the prior government.
very very scary! as a political cartoon its amazing. Perhaps some readers are not aware of the universal symbol of justice used here. Again it seems that its the men who are complaining at how its despicable to use a woman being raped. guys its called a METAPHOR, look it up. as I said before its incredibly scary to see the slow spiral down that South Africa has taken. I was born in Cape Town and now live abroad as is my right and from an outside point of view, the abuse and bullying by powerful people, and the zeal of their followers would not be tolerated in a rational democracy for very long. Do they really believe that their leaders are not diverting the path of democracy?
Dont forget that Zapiro has targeted political players from both sides for years. Take the emotion out of the equation and see whats really going on in the country. Those leaders dont need to threaten anarchy. If you havent noticed its pretty much on the brink. A very concise and scary cartoon for a very real and sad situation.
All comments must be approved by our editors, click here to read the editorial guidelines for comments. Please allow some time for our editors to approve your comment after posting.
profile
Jonathan Berger is a lawyer by training and a troublemaker by profession.
MM died in August 2006. Four months before his death, as an inmate at Westville Correctional Centre (WCC), he joined 15 others in taking Correctional...
Officially, at least, the war on Gaza is on hold, with one unilateral ceasefire following another. For now, a large number of Israeli troops remain o...
On 4 November 2008, I was one of hundreds of thousands of volunteers across the United States working to ensure Barack Obama's election. In anticipati...
Being extremely risk averse, I seldom stray beyond the bounds of the law. Granted, I once had sex with another man just north of the Limpopo. It was c...
Loading ...
I thought the cartoon brilliant. When I first saw it I thought “Here comes Trouble - Good, About Time !”
I would just like to remind everyone that NONE of the Constitutional Court Judges were ever judges during apartheid, and this continual attack on them is disingenious. Also taking children out of school to march on police stations to support “one man” NOT going to court is NOT democracy.
The ANC like to boast about our wonderful constitution - while they have already amended it 12 times! AND are trying for 2 more amendments - one to curb the press, the other the judiciary.
I often wonder if part of this is not spite by Mbeki, rewriting the Constitution which was effectively the brainchild of his arch rival, Cyril Ramaphosa.
AND I do wish everyone would remember that the main charges against Zuma relate to fraud in public tenders which have NOTHING to do with the Arms Deal at all - but relate to contracts given to Shaiks’ companies for upgrading roads and producing the new credit card drivers licences. All this talk of Arms Deal Amnesties would not make those charges dissapear - they have NOTHING to do with the Arms Deal.
(Report abuse)