The alternative, lesser charge is that they did negligently and unlawfully destroy the said legacy.
Either way, the JZs appear to be in trouble. Having pleaded not guilty, they claim in their defence that they did not know the legacy was already in the toilet when the pot-shots were fired.
At first their rueful lawyer put it to My Lady that their case would be one of putative private defence. They genuinely believed the party
was in danger and assumed they were using reasonable means to avert an attack on the ANC legacy.
If My Lady is persuaded, they may escape conviction for murder on the grounds that they lacked the requisite intent; that they mista-kenly thought they were entitled to act in self-defence.
But such concepts are a bit confusing for the tearful JZs, who keep breaking down on the witness stand. They don’t understand the case their lawyers are trying to build. So, under very cross examination by a Pit Bully they seem flustered.
They keep saying things that are not in the bail statement, or not in the plea explanation. Now we hear the destruction of the ANC legacy was an accident, or a mistake. They didn’t have time to think or they weren’t thinking clearly – all of which would make a putative private defence argument hard to sustain.
Either it was an accident or you have putative private defence. It can’t be both. Geddit?
Surely the JZs could not have been thinking clearly when they took aim at Public Protector Thuli Madonsela over her report on the
R246 million Nkand-lie upgrades. That instantly weakened their standing as upholders of the people’s rights, for hers is a Chapter Nine institution, set up to support our constitutional democracy.
So the ANC legacy was already collapsing when the JZs fired another missive by taking the DA to court over the “Zuma stole your money” SMS. This one exploded on impact when the judgment went against the JZs, causing massive reputational damage.
However, they still don’t seem to understand. Taking this on appeal and referring the SMS to the Electoral Court is as misguided as shooting in the dark. Certainly these actions will inflict more harm on the ANC legacy.
One of the shortest, meanest of the JZs said he thought there had been a ladder labelled “white people’s lies” which opponents were using to attack the ANC legacy. But when investigators looked, the steppies weren’t there. Instead, neighbours of every hue confirmed they had heard the legacy screaming as its 102 years of existence drained away.
Red Ronnie, unarmed and not very dangerous, was running around trying to keep the legacy alive by urging people not to support it or its blue opponent. But he made no sense, so people ignored him.
Observers were last night hoping the case could wrap up soon and that My Lady will have a verdict before May 7. That will allow the ANC legacy to be given a proper burial, even as the JZs run off with its colours.