Zuma’s Nkandla ‘army’ is unconstitutional – expert

The presence and show of force by military-clad uMkhonto we Sizwe Military Veterans’ Association (MKMVA) members outside former president Jacob Zuma’s Nkandla homestead – threatening civil war and disobedience should Zuma be arrested – portrayed a picture of a private army, an unlawful and unconstitutional act in South Africa, according to a security expert.

Zuma, who has used every delaying mechanism available – from ill-health to attending a funeral – has been skating on thin ice to avoid appearing before Deputy Chief Justice Raymond Zondo at the Commission of Inquiry into
State Capture, where he is expected to respond to allegations of malfeasance and gross corruption while he was head of state.

ALSO READ: ‘If Zuma is being arrested, let them arrest us all’ – Nkandla residents join MKMVA

Institute for Security Studies consultant on justice and violence prevention Dr Johan Burger on Monday warned
that the country’s laws and constitution prevented anyone “from having his own private army”.

“What the government cannot do, is to allow a former president to publicly challenge the constitution, the Constitutional Court and legal structures such as the Zondo commission,” said Burger.

“You cannot have a private army in a constitutional democracy. MKMVA members present outside the Zuma compound will claim that they are a military veterans’ group.

“In terms of the constitution, private security companies have to register as part of the Private Security Industry Regulation Act 56 of 2001.

READ MORE: MKMVA warns against any ‘foolhardy attempt’ to arrest Zuma

“An attempt by the MKMVA to portray themselves as the army of former president Zuma is not only unlawful, but
unconstitutional.”

Asked on how police would respond should a warrant of arrest be issued against Zuma, Burger said: “The only danger in what the MKMVA members are doing is that their conduct can lead to some form of conflict, with police reacting with force.

“Should police not find a solution to the standoff, then they would have to go into Nkandla – sending the right people with clear instructions of using force as the last resort, depending on the kind of resistance they confront.”

– brians@citizen.co.za

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