Shaik before stirring

Pardon me... Shaik wants a presidential pardon. Cartoon sourced from Mail & Guardian.


BEING the President of South Africa or any country comes with power and a number of prerogatives.

Chapter Five of the Constitution deals with some presidential duties and prerogatives of the head of state. Section 84(j) states that President Jacob Zuma, just like his predecessors, has the power or function to pardon or reprieve offenders, remit any fines, penal ties or forfeitures. So for a President to grant a pardon to a criminal is not unconstitutional. It is in keeping with his constitutional obligations as the head of the executive. But the Constitution, in section 83(c), enjoins Zuma to act in a way that “promotes the unity of the nation and that which will advance the Republic”.

As everyone is aware, Zuma’s former financial adviser and backer, Schabir Shaik, has applied for a presidential pardon. Shaik, it must be pointed out, is a certified (not in mental terms, it must be made clear) criminal with a fraud conviction. That is why he is exercising his constitutional right to apply for a presidential pardon as a citizen of South Africa.

There is absolutely nothing wrong with Shaik seeking a presidential par don. But there is everything wrong with Zuma being the final arbiter in whether or not to grant to grant Shaik presiden tial pardon. Nor should the whole Zuma administration be in a position to partake in the decision-making here, for that matter.

This is a case of very naked conflict of interest. Upon convicting Shaik, Judge Hilary Squires found that he and Zuma had a mutually beneficial relationship. As they say, it takes two to tango, so common sense dictates that Zuma ought to have been tried with Shaik during his case. It is quite baffling or boggles the mind why this never happened.

Former President Thabo Mbeki fired Zuma in the wake of the adverse ruling against Shaik. Although the judgment had no bearing on Zuma’s innocence or guilt, he was more like tried in absentia because he was never accorded an opportunity to take to the stand.

Shaik is a close friend and ally of Zuma. In fact, Zuma has a good rap port with the Shaik family, which in cludes the likes of Mo, the spy boss. Zuma is clearly indebted to the Shaik family for his rise to the highest office in the land, and even more so, it would appear, to Schabir, a man who has been laid bare as a fraudster and a greedy criminal who would boast about and use his political connections to advance his narrow business interests.

Shaik has been exposed as a man who cares less about the poor and more about unscrupulously amassing wealth using prominent public officials’ names or political connections. It’s becoming clearer every day that loyalty, just like in the Mbeki administration, reigns supreme in the Zuma administration.

The current government couldn’t care less about its integrity and credibil ity. As long as you are in with the right crowd you will be rewarded hand somely and treated like a king, even if you’re an unrepentant criminal who was broken out of jail on a bogus medical parole.

Should Shaik be granted a presidential pardon (as is likely to happen) it would be a crying shame. Zuma must avoid misusing his presidential prerogative to appease his pal.

Zuma mustn’t let his “un-shaik–en” loyalty to Schabir Shaik cloud his judgment.

Cedric Mboyisa is political editor of The Citizen. This column first appeared in The Citizen.

Obama Nobel Prize injustice

THERE is no denying that America’s 44th and first black (and partially white) President, Barack Obama, is an intelligent and a charismatic leader in a league of his own.

He ran one of the most shrewd and innovative presidential campaigns as he marched to the presidency of the world’s superpower. Try as they did, his opponents in the form of Hillary Clinton and John McCain could not stem the Obama tide. Not even former US President Bill Clinton could stop Obama from occupying the White House.

Such was the man’s brilliant strategy that there was no stopping him from making history by breaking the white man’s stranglehold on the White House. Obama was the ray of light after the catastrophic rule of one not- so-sharp, lying, confrontational and bullying George W Bush.

Obama’s oratory skills are legendary. The man has the ability to move moun tains with his words. Obama, just like Martin Luther King Jnr, can have people in tears with his speeches, which he delivers with phenomenal and unparalleled eloquence.

It is no exaggeration to say that Obama ranks up there with the best orators the world has ever heard. The man is simply a genius when it comes to public speaking. It is a marvel to witness Obama deliver one of his masterpiece speeches!

Since assuming office Obama has been a breath of fresh air in terms of trying to engage with countries which were previously continuously at war with the US. This includes reaching out to Iran, Turkey and the Muslim world in general. As Menachem Z Rosensaft (founding chairman of the International Network of Children of Jewish Holocaust Survivors) points out, Obama has charted a new direction in trying to end the never-ending Israeli-Palestinian conflict. Really now? Obama, as an ally of Israel, would obviously seek a solution that will favour Israel and disadvantage Palestine.

Rosensaft further preaches the Obama gospel thus: “The President has travelled thousands of miles to tell men, women and children across the globe, national leaders and average citizens alike that after eight years of xenophobia and jingoism the US has returned to its historical role as a unifying catalyst of humankind”. Wow, the US is a “unifying catalyst of humankind”! More like a dividing catalyst of humankind. In most cases, if not all, its selfish interests (business or whatever) drive the US when it sticks its nose in other countries’ affairs.

So it is really puzzling and disturbing to award the 2009 Nobel Peace Prize to Obama on the grounds of his “extraordinary efforts to strengthen inter national diplomacy and co-operation between peoples”. What a load of mumbo jumbo!

What Obama is doing is repositioning the US after the damage done to the country’s image by Bush. The Nobel Prize committee failed to see Obama’s intentions for what they really are. Obama’s intentions may be noble, but at this stage they do not deserve a Nobel Peace Prize, period. The Nobel Prize committee is nothing more than the PR machine for the US. The decision is a farce.

Had this decision been taken here in South Africa, surely some lobby group or political entity would have sought a judicial review. It is an insult to laureates such as former President Nelson Man dela. At least Obama has the company of other undeserving laureates like former President FW de Klerk.

Cedric Mboyisa is political editor of The Citizen.

Can this "elephant" be felled?

Logo sourced from the African National Congress website.


IT has been said that the “ANC will rule until the Son of Man comes back”. As arrogant as this may sound, it seems the ruling party will be in power for quite a number of years to come. On the issue of Jesus Christ, as far as I know, no one knows when He intends coming back. So it would be purely speculative on my part to say whether Khongolose will be in charge during the Second Coming.

You tell me bloggers, what is it that seem to make the governing party invincible at the polls? Is it possible that someday there will emerge an alternative to the ANC (which President Jacob Zuma refers to as an elephant), which could possibly take over the reins? Could this happen in the foreseeable future or in some very distant future?