Zondo guns for Zuma
Welcome to a special guest analysis episode with lawyer and commentator Mighti Jamie! In this insightful video, we delve into the controversial remarks made by Chief Justice Raymond Zondo regarding the corruption trial of former president Jacob Zuma.
📌 Key Questions Addressed:
- Should sitting judges comment on active political issues?
- What legal issues are at stake in Chief Justice Zondo's comments?
- How do these remarks affect the public perception of judicial impartiality?
- What are the potential political ramifications of such statements?
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CONTENTS
00:00 Intro
00:18 Legal and factual background
12:25 Analysis
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Credits:
DOP and Editor: Tumelo Makau
2nd camera operator and assistant editor: Lesego Rakobane
Sound: Tumelo Makau
Social Media Manager: Oratile Kekana
About SMWX-the premier destination for those who crave in-depth interviews and razor-sharp analysis on current affairs. Our channel stands at the forefront of bringing you the most compelling conversations and expert insights from South Africa and beyond. At SMWX, we don't report news; we dissect it, challenge it, and present it in a way that informs, enlightens, and sometimes even provokes. Ayeye!
Judicial activism would be Zondo refusing to swear the ministers in their new roles. Zondo chose to ignore evidence against Glencore, Cyril, Naspers, and Rupert, which brought doubt in his so called activism and independence
Glencore is to a certain aspect implicated even in the State Capture Report. And i want to highlight that the commission to an extend were also limited by the scope, which was predetermined. for instance some deals fell outside the years which were set for the commision to interogate. Every report ya Zondo Starts with the Scope. Check it Out, but those evidence exist for the NPA to pick up, and When You read the report You start to realise how the NPA in it's current state, can never unrevel the complicated Looting systems which were createdby those comanies. an example, i don't think the NPA even have the resorces, legacl expertise to fully investigate the WEb of China Rail deal with PRASA, because the company has many Subsidiaries, there's the China North rail in China, Japan and South Africa, Then China South Rail in China, Japan and South Africa, and the deal includes all those companies, so just think about the jurisdiction applications they have to obatain while they can't even win with the Bushiri issue. For Me the Low hanging fruit Bigfish is Dudu Miyeni, The report could lpace Her in the Activities of The SAA-SAGA and th all the deals, in the Eskom New Age deal with SAA,Eskom,SABC and other state enterprises, they can place her in the bagage handling deals. They can start with that 1 put Her on the stand, then expand the issues, because the evidence is complete, SHe know this, that's why She didn't want to be bother withe contempt of court issue, to focus on her strategy Should the NPA pounce. Read the Reports, You'll sort of get wha'ts Zondo's frustration, The Corrupt guys have gotten away with it. and It's still going deeper with the deals.
Zondo is in that position to serve Ramaphosa and not the legal system of the country .The vendeta is that Ramaphosa was exposed by Zuma as someone who directed the killings of Marikana miners
If Mighty Jamie was a teacher, I'd really pass his class. Making complex issues interesting to know. Thank you sir ❤
Love analysis presented on this platform. Please also breakdown the Rand manipulation by banks and how it affects the consumers/ inflation, purchasing power etc.
I always get excited seeing Mighty Jamie😁 I could listen to him all-day
Brilliant Analysis...True impartiality.
Seeing that the Chief Justice is a political analyst and has a somewhat cozy relationship with the media, perhaps ya'll should invite him to the platform to engage him and he could also tell us when was the state ever NOT captured
Thank you sir for your wise assessments of the SA Judicial events. Thats more precise.
This kind of analysis seems to be the productive of both a mental/moral breakthrough. It also uplifts, AND invigorates the soul. Great work, guys!! 🤯🥳👏👏
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Jamie is a breathe of fresh air.
You guys always out do yourselves in this field. How I wish you could reach more people 👌🏽👏🏽👏🏽
Thank you for this insightful analysis and informative jeornalism 🎉
Excellent young black 🖤 fellow rise Africans
Very educational...thank you for this....
Thank you Jamie for this lecture....give us a test I will pass with 💯%. Here in KZN we know the beef between these two but we respect their positions as elders in communities...
Eishh, Elders who Steal or enable Stealing? Yah Neh Salt-Of-Free-Car(Nigerian Accent)
Thank you Jamie for the "Law 101 mini-lecture" 😎. It's a huge information for someone like me who has a psychology background.
started watching this show with novice political knowledge, bt this type of articulation from both Sizwe and now Mighti has really improved my understanding and I really appreciate that. Please table the whole Rand manipulation sage next... #ayeye
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Very refreshing analysis. It still lives a lot of questions answered. Questions that can only be answered by the man himself. Zondo seems to be taking interviews from “established” media maybe you can invite the man and you must take this interview Jamie🙌🏽🙌🏽🙌🏽
Another gud one from the SMWX team 👍✨👏
As always, a great analysis from Jamie. Can we please have an episode on Rand Manipulation, that is to include all historical factual background?
That would be interesting.
Great analysis, thank you brother!
More Mighty Jaime Please!!!!!
Mighty you are on point...
Thanks Young Jamie, now I am just waiting for the analysis of the Rand manipulation.
Jamie always good listen you analysis, Mina I lean more to the impartiality of everyone who find him/her self in a space where he has to exercise his power on issues that may affect the credibility of institutions he holds. As we speak judicial system in our country is a joke no one takes any judicial decisions seriously (example of the process removing the pp , the appointment of the new pp and Phalaphala story) the damage is so deep that any court judgements are controversial. Am not legal minded m ordinary person.
Thoughtful,,, I appreciate the level of depth we were all subjected to here.
Zondo is captured long ago
I thank you gentlemen 🙌🏾
Happy to see you back,your analysis is giving professor vibes 🎉
Educational school of thought s.thank my brother.
SMWX is an institution to be venerated. You have taken on the responsibility of keeping the intellectual class of this country informed and frankly, educated on current judicial and political affairs. This is the best social commentary on contemporary South Africa we have. Thank you very much for this.
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Would you please/mind stretch/ing out the background patterns to cover more or all of the background?
Nicely done mntana we Mighty. Thank you
My brother I thank you for this .
Could you please look into "Senzo Meyiwa" case in particular Judge Ratha Mokgoateng.
I'm giving up now on the Senzo Meyiwa case😢😢😢
One thing you must know "JUSTICE DELAY IS JUSTICE DENY"
Raymond perhaps comments not as a judge, but as a chairperson of the commission?
Subscribed On alert
Clear! 👌
Wonderful analysis, however , in future, please accord our former President his rightful title (former president JZ Zuma) as you did with former Chief Justice Mogoeng and disgraced Dr Nandipa…
I learnt alot here. Thank you!! Can you please guys also do a video on Rand manipulation and its impact...what can we do !
Great analysis.
During interviews it was clear that he(Zondo) have difficulty to conduct himself accordingly that is why he was scored so low. It is not about activisms but his weakness as a judge bcoz to even get to that position there was Zumas hand provincially to promote him. I think you started it a step away from the purpose when you could have mentioned the biasness that resulted in walking out and reason of him becoming a judge on his own matter.
Wish you could invite one or two lawyers and expand. What a shaw
very insightful
Good information for us to grow
I think my mind was changed today
Nzondo is testing us
Is Zondo not confirming that, indeed he was supposed to recuse himself? And did concourt asked Zuma why he felt Zondo should have recused himself, before forcing him to the commission, before the contempt of court? I mean we're not legal experts, but other issues are too obvious to a sober mind!
Must be bold enough to silence corruption and speak truth to power in order to set SA free, period, no sugar coating man made laws that allow crucial evidence to be with held.
The Chief Justice has become attached to the Commission. He feels that the four years of work he did is being erroded and not valued. He spent days on end hearing about state capture and it horrified him. 1 billion was spent but more is being lost because his work is not being taken seriously. The freedom of speech of a judge is limited. Since any matter can come before them, they cannot be perceived to be biased. The Judiciary must be higher than all of us because they are peacemakers in essence.
The Law is only as powerful as the Enforcer.
This was an incredible analysis, thank you! I really appreciate the topic of discussion. Perhaps we could introduce the phrase: “in the interest of justice” to the analysis. The substantial arm of the law, on the one hand, and the procedural arm of the law, on the other, seeks 'due process' - with the societal impact of these forms of law striving for 'social justice' for all South Africans. Sometimes acting 'ultra vires' (beyond one’s powers) from a procedural point of view should be treated in light of the ‘interests of justice’ when there is a clear societal benefit. The rationale for the above: A proportional balance struck between a judicial officer’s ‘reasonable’ actions beyond their scope of office should be balanced with social justice impacts. If corrupt political actors or a person who has committed a grave crime is brought to justice in a manner that has clear and measurable positive social justice impacts, but this was done in a manner where merely a ‘procedural element of law’ was overstepped (not a fundamental right or in conflict with a statutory provision) then such actions should be condoned in the ‘interest of justice’. What justice means in this context is based on the premise of social justice for all South Africans. Looking forward to the discussion.
Enjoyed this. But i am left without hope. Sooo much is happening I do not feel voicing my views helps. This country is under seige
Mr. Project W.💯
When somehow friendships go wrong eish the Zondo / Zuma drama never ends. On Zondo swearing-in implicated ministers I was concerned about it and infact he was later heard commenting on the issue of such ministers vs his recommendations, he should have appointed someone to represent him instead because now he is really on the spotlight.
The law is the law, let's not try to determine the greater good ourselves, the judges should fight to amend the code of conduct. This is rather easier said than done
The same was put agains Mokgoeng when he spoke on israel,his comments were used against him but Zondo can do whatever he wants just lk cyril & the new public protector
YOUR ANALYTICAL APPROACH IS APPLAUDABLE. KEEP IT UP. I HOPE YOU FIND APPETITE TO DIS ENTANGLE OTHER SOCIETAL ISSUES. BRAVO. I HOPE YOU WILL ONE DAY ANLYSE THE CONCERTED EFFORT THAT WAS MADE FROM ALL FRONTS TO REMOVE PRESIDENT ZUMA FROM OFICE BY NGOs, POLITICAL PARTIES,MEDIA,BUSINESS SECTOR, AN THE LIKES.
Judges do enjoy freedom of expression as provided for in our great constitution. This right, just like any other right, is not absolute, it is subject to the limitation clause, section 36. Furthermore, a judge may not express personal views on a matter that has a likelihood to end up in a court of law, otherwise that judge would have to recuse himself because he cannot preside over a matter he had already made public pronouncements upon. That's my two cents take on this
Bafwethu this postcast is great
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👌🏿💥beatiful
You are pedagogist naturally...you make difficulty concepts easily accessible. However, I think positivism was a little bit not well explained...well to me probably others did not have any problem. Yes, it is a relatively not easily accessible concept especially if it will be explained alone without bringing in other philosophical paradigms that exist together with it side-by-side. Anyway for me positivism in law is a very controversial concept. I do not have any background of law but my knowledge of the concept, positivism, makes law to be very controversial. Thanks for the analysis.
The legislature is out of control + politicians are more than ok with it. But they are quick to moan if anybody else dares to overstep their boundaries?
SA's judicial independence & is in peril, not because of politicians but because of judges themselves & the misguided media establishment who provide cover for their misdeeds. The 1st signs that there was MAJOR TROUBLE brewing for SA's Constitutional order was when the Concourt usurped the Constitutional prerogative of the President to appoint a Judicial Commission of enquiry, ostensibly because the incumbent at the time was reviled. The fact that the Concourt' agreed to hear a 'Contempt' case as the 'Court of 1st instance' & thereafter imposed a 15 month sentence for 'contempt of court' tells you everything you needed to know about the state of the judiciary, especially SA's higher courts. Possibly 50% of all licensed drivers in SA had a contempt of court order imposed on them, mostly stemming from not attending court proceedings resulting from traffic violations & were fined anything between R150 - R300. While this may have satisfied many people who revile Zuma in the moment, many others have noticed the judiciary's openness to abuse & it's propensity to overstep its limits. This has cultivated the fertile soil for a 'bloody' political-judicial confrontation in the not-so distant future. While the ConCourt may have satisfied the 'bloodlust of the lynching mobs' it has left SA's judicial independence less secure. Just my 2 cents.
You ask the question, "Is it right?" I think you need to look at that question in the context of the whole legal system. You have to admit that the police are more or less missing in action. Similarly, the Public Prosecutor seems not to be doing their job. (Is that what you call the Public Protector- not being a S.A. I'm not sure?) The system seems to have large holes in it and so, I think, it must be very tempting for the judiciary to do what they can to see final justice done. It's far from ideal because it opens the door to questions of fairness but without it, there will be none. Interesting piece.
Wow very informative to a lamens man, thank you for the insights - this is very good, precise and thought provoking. Well (1) I think that ultimately, the law seems or is 'biased by convenience' when it comes to the discharge of law particularly in the interest and the interpretation of justice. (2) I think article 11 & 12 shouldn't sit as the Bible prescription of judicial conduct of judges (in simple terms should be reviewed with the evolution of time and as with the complexity of cases we see). With these few law lessons you have provided I am more inclined to the 'natural law'. I think the chief justice's public comments align with this letter of law, and of course it can be argued that there are contradictions - however morality [homogeneous] should be the ultimate inspiration to give merit his comments. Now I wish I had studied law😩. Nice beard by the way bro, with a good set of teeth - you make a good image of what 'law' should look like - I'll extrapolate on that another day, keep those lessons coming 😁👍🏾
Ayeye 🔥🔥
Ayeye!
The judicial code seems to be written in very broad but ambiguous terms. Reading it does not give clear information on what specific type actions are prohibited. This generality obviously allows for some escape routes.
Oh god!
If we lived in a functional judicial system - I'd agree - the chief justice shouldn't be saying anything. However I think with the limited time he has left in office and the flagrant inaction by government to act swiftly on his report - I think he is doing the right thing. It's the very fact that he knows what he knows, but see's nothing being done about it that I think is driving him to speak out - to raise dissatisfaction and anger in hopes that it calls the right people to action.
I would like to argue that our judiciary is one of the best in the world and the only thing constraining it is that it's budget is controlled by the executive. The Office of the Chief Justice is a government department and under the control of the Minister of Justice. Perhaps if enough money was allocated to judicial services we could be world class. Our judges are of high calibre and it's a pity that the processes are slow e.g an urgent application took 8 months to the delivered. By my own perception, we live in a functional judicial system.
@@tshepormolekwa882 There is definitely an argument to be made for that but I would definitely not say anywhere near first class. You only have to look at the recent Matshela Koko news article today where it was actually struck off the roll for because of unnecessary delays by prosecution or you look at the Gupta scenario where we couldnt even get our ducks in a row on a extradition.... and we cant even put a stop to the abuse of the private prosecution games Zuma is carrying out to delay trial. Definitely the justice department is in need of funding - without a doubt and we do have high calibre judges - without a doubt - and I think its that high calibre that is forcing Zondo to do what he absolutely can to bring justice (whether it results in a conviction - or it turns out the parties are innocent). Shot for the thought provoking engagement though!
Thank you for your analysis. You did sway my way of thinking. I think Zondo is a great Chief of Justice, and I like his utterances, although he treads on a thin line.
Let's not protect the wrong doers by bring legalities.
It's never justified, I mean that undermines our very law. It may be in the interest of society but what is a society with a questionable legal system?
I think the judges should not play any aggressive role because not all aggressive roles they play will yield positive outcome like what happened to Thabo Besta case. I think judges to should be loyal to the constitution and law.
Guys, please let's move onto more interesting subjects. "Let's follow the money" and find innovative solutions for South Africa's economy. This Zuma vs the World has been done ad nauseum.
We do want to move on but unfortunately Justice Zondo keeps on returning to it. So, as a very powerful person (Zondo) who is setting the agenda therefore this discussion/analysis will always be relevant. But we also need the analysis of other issues...fully agreed. What if he is using the state resources to fight his battles with Zuma? Why he keeps on commenting in the public about JZ yet other people who were also found wanting are never mentioned? He cannot spend our money to fight his battles, well if that is true. But the pattern of the events (Zondo's articulations in public) is raising a red flag.
Are we as citizens not putting judges at cross roads by not doing the right thing. If Bester issue was not divulged, Justice Cameron would have a moral delema. So in Zondo, it might be the same. I agree however that Judges should bnot get involved in politcal spats.
I think the law or code that binds Judges to silence needs to be relaxed. For instance, if it happens that a Judge knows or has more information about what has happened in his or her community and the full content of that occurrence is only known to him or her, e.g. murder, must that judge remain silent forever about that incident? I'll stop there for now.
Just like how the other judge handled the Thabo Besta story, chief justice must use ways that will not put him in trouble with the law to speed up the process of justice on these matters, he must talk to people who have the power to influence change and who can effectively act. If he is going to do this without following the rule of law I think it will be sending a wrong message and it will attract chaos and drive people in the wrong direction, and that won't serve his purpose( there won't be justice) or will it? Who knows his deep intentions.
New channel changes Can the cover page be made colourful at least😢🎉🎉🎉🎉
The disrespect on Mr Zuma though 🫵🏾 How can u say “Dr Nandipha” n Zuma to the former president?
True. But you are focusing on the wrong information
My bad. Will improve on that.
He's one of them 😂
@@optimusctts okay. I focus on everything that’s why I’m a fan of a show. We do better when we
The comments?
I Can Repeat This Here Because Cabinet Minister , Gwede Mantashe & ANC SG Mbalula Have Said This, Raymond Zondo Is A Law Unto Himself.He Has Been Playing Politics For The Longest Of Time Without Any Consequences
Even though zondo is tighten by the judges conduct rules , by the look of things , he should be concern about the status crisis of the law , corruption is still continued, by the top politicians , state capture criminals are not yet arrested , huge money stolen hasn't been recovered ... All that forces zondo to comment , he's bound to
But zondo he's so biases
Zondo's commission was baised e.g Glencore Glassenberg matter and the spending of over R2bln 😂
10K views in 10hours… It’s gone viral!
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Judges have interests 😂they are part of bureaucracy called the judiciary 😂Zondo is calling for an independently funded judiciary 😂it will be like US/CiA controlled Pakistan
21:06 State Capture commission was just about Zuma he was the primary figure. PP report said investigate Zuma and the Guptas, The scope was then expanded to create a mess in which he could hide in.
The deference here is that as wrong as it was judge Cameron is not serving anymore there in no way he will preside over any matter and he was doing it to the benefit of the public, as a for CJ Zondo, eish we are not sure who is he representing he is not only talking about Msholozi he is singing Praises for Magalela, he is a political analyst now and that not nng the first-time mind you. He is indeed not fit for the office
The premise of the argument on Zondo should not comment on State Capture matters is flawed though. Article 11 on judicial restraints refers specifically to merits of a CASE. The state capture was not a case but an enquiry, and no court was involved in the findings\outcomes of the inquiry. The analysis is extremely misplaced.
Brother Jamie, there's nothing to correct about yourself, please keep being yourself, you're perfect the way you are! Please avoid being neutralized, coz we've seen people like Penuel, Nhlanhla Lux, and even the likes of Nkosazana Zuma, as well as Supra Mahumapelo, who had been forced to vote with what we knew were in disagreement with. Be careful of great job you may be offered, where you will be forced to change your tune on issues, avoid a situation where your God given thinking capabilities will be manipulated for a particular narrative, and we saw how brilliant was Eusebias McKaiser was, but he ruined his talent by polluting people's brains, some will disagree with all what you're saying right now, and will label yourself as factional, because of the information that they had been consuming from such people, people with eloquence, but using it wrongfully! Please remember this, "Iqiniso ilona eliyosikhulula"!
She is not a doctor any more!
So we still acting as if Zondo is Chief Justice and that the zondo commission was lawful? How many times must JZ state that the exercise of section 84(2)(f) was unlawful and invalid, nevermind whether thst constitutional power can be removed from the President is is wholly invested in 'IS RESPONSIBLE", these so called minds must explain how a Legal Power provides by the highest law of our sovereignty could be split and exercised by two individuals. Guess we just allow legal blasphemy. Then right in the JSC CJ hearings, Zondo stated under oath that he was directly delegated by CJ Mogoeng to assist him in the administration of finding candidates and then himself was considered a candidate, how does one benefit directly from the very constitutional administrative process you actively participate in. (undue enrichment?)
Zondo is Wmc agent
Zondo received the least votes and was not even recommended by the jsc😂ruled in favor of the incumbent ramadollar cr17😂he is not fit to be the CJ 😂
i dont think your second question is valid though its a misleading question like its pregnant since we all know the answer which is Yes
Am sorry to say Justice Raymond Zondo did NOT comment o Political issue of former president Jacob Zuma but a criminal matter. Its you and other Politicising criminality for your own ends. Zondo is human too not a robot, has freedom of speech. There is no political thing about Zuma case so do not politicise criminality just as the failure to charge Zuma was proven not to be political so don't play politics where it does not fit in.
Law or Justice is a social practice together with politics, socio-cultural, economic aspects. Where can you draw a line? There is nothing like 'pure law'. it is always in a dialectical relationship with other socio-contextual aspects like politics, etc.
I don't think Jamie's interpretation of Hart is correct. Hart does not say legislation has been passed therefore it must strictly be adhered to. He says we must look at the source. The source is the agreement we reach in our social contract (i.e. the Constitution). That is, the law is legitimately sourced in a man-made morality, as it where. Naturalists cannot tell us who is the arbiter of what is moral. It is not that law is law because it is passed by Parliament. It is law because we have come to a decision on what our law is (i.e. in the language of naturalists, the so-called morality of our law must be examined through the lense of what we decide is just as humans. It does not come from some ethereal or nebulous power.) The law is what we want it to be. This is not what the apartheid courts did. I would argue, in fact, that they rather followed Locke in understanding that law is morality coming from a higher power (which higher power said whites are superior) and therefore could not be tested against a standard decided by the people.
Zuma must be the jail
If the attorney Mighty Jamie is so learned please can he do another program with Dali Mpofu and his behavior in the court. In almost every court each attorney or advocate has his own opinion and believes it is correct, Question legal fees or quantify these fees.[Dali Mpofu was charging R45,000 a day] Attorneys generally think they are above the law, and all about the money available for his pocket, not the case.
Good for you Zondo. Show Zuma that he is not above the law. It's high time that he is brought to justice.