Zuma had a choice to go before the commission

This past week saw a brief return of South African “exceptionalism”, that state of affairs which renders South Africans totally different to the “rest of Africa” in their own eyes.

For a few short days, the country saw the triumph of the constitution over the defiance of one man.

When Constitutional Court Judge Sisi Khampepe passed down the 15-month jail sentence to former president Jacob Zuma, South Africa became one of those few countries on the continent where a former head of state was treated exactly as an ordinary citizen would have been treated.

And for those few short days, the constitution triumphed. The triumph was not only important in that it was against a former head of state whom a large section of the population would like to see incarcerated for his role in state capture, but it was more important because it was handed down by the final arbiters of the country’s constitution.

Beyond the Constitutional Court there should be nowhere to run to, unless it’s Jacob Zuma of course, a man who has found legal space to manoeuvre where no one else could.

Very surprising from one who has declared he wasn’t afraid of jail on numerous occasions. It came as no shock when his infamous Nkandla homestead was turned into a fortress by his supporters, who believe the constitution should bend to the will of one man.

Videos and photographs on social media show individuals and groups getting ready to go to war to stop Zuma’s arrest. Even a section of the AmaZulu regiments, amabutho, got themselves embroiled in the unsavoury saga by lending their presence for a man fighting a self-inflicted political battle.

Amabutho covered themselves in glory following the recent passing of King Goodwill Zwelithini and it is sad that a section of them has decided to appear in support of a man who has shown very little respect for the country’s constitution.

It is easy to forget that the former president is not being sent to jail for corruption or some high- level crime but, simply, for his defiance of a court order to appear before the Commission of Inquiry into State Capture chaired by Deputy Chief Justice Raymond Zondo.

The irony of it all is that it was Zuma himself who established the commission after then public protector Thuli Madonsela set the wheels in motion for its establishment. Zuma then chose to make a mockery of the country’s highest court by walking out of the constitutionally mandated body and then defying a court order to appear.

The reason there should be no sympathy for Zuma is that he had a choice to appear before the commission earlier on, which he exercised for a short while but decided to place himself higher than the constitution.

He had a choice to go before the commission and lie, duck questions, answer honestly and fully or, even, take the annoying stance taken by many before him: refuse to answer for fear of incriminating himself.

Whatever happens following his last-minute ditch to stay out of jail, the lesson to other people wishing to place themselves above the constitution will not be complete until he is made to do what the constitution says he must do.

Rules were made for everyone, including former presidents, and without those rules, South Africa will perish.