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Legal Commentary
: PrawfsA Major Election, A Court, and (on another note) the Holocaust
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Today is election day in South Africa. This is significant as South Africa is an economic and military powerhouse in Africa. The African National Congress, Mandela's party, is likely to win but it's presidential candidate, Jacob Zuma, has some "skeletons" in the closet. He was acquitted of sexual assaut charges within the last few years, though his story of what happened is troubling. He was also subject to corruption charges but those charges were dropped within the last few weeks because there was some evidence suggesting the charges had a political motivation. Critics, however, claim the charges were dropped due to pressure from Zuma and supporters.
Once elected, Mr. Zuma will likely get to appoint 4 of the 11 Justices on the well regarded Constitutional Court. Some people are concerned he may appoint political cronies or individuals who aren't the most qualified. Indeed he has recently criticized the Constitutional Court vigorously. But there's another problem. The Constitutional Court issued formal accusations against an important provincial judge, and Zuma supporter, who allegedly lobbied two Constitutional Court members in the Zuma corruption matter. The provincial judge then accused the Court of acting improperly by going public. A special court has been appointed to resolve the matter since the Constitutional Court is essentially a party. So there will be more fireworks to come. Nobody, however, said democracy was always pretty and there is no doubt that the popular vote will be honored. Zuma is also popular with a segment of the population and was a prisoner with Mandela on Robben Island.
(Addendum: I do want to mention something connected to the posts on Holocaust Remembrance Day. My brilliant Drake Law colleague, Professor Cathy Mansfield, has written and produced a beautiful and poignant opera about the Holocaust that was premiered here in Iowa earlier this year with an orchestra, an incredible cast of singers, etc. It's called "The Sparks Fly Upwards." If you want to learn more, go to www.thesparksflyupwards.org)
Full post as published by Prawfs on April 22, 2009 (boomark / email).
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