I am so ecstatic to hear that Comrade President Jacob Zuma is
considering suing ‘cartoonist’ Zapiro. I used to be a great fan of
Zapiro, however, his commentary has recently become malicious and
biased attack on the President of the ANC. There are four particular
issues which I am uneasy with in relation to Zapiro’s cartoon, which
depicts Jacob Zuma (as well as the leaders of COSATU, the SACP, and
the ANCYL) about to “rape justice”:

1) Rape in South Africa.
2) Freedom of Speech and Expression (Rights & Responsibilities).
3) The Zuma Rape Trial.
4) Innocent until proven guilty.

Firstly, as we all are quite aware, rape has reached endemic
proportions in SA, and given the very nature of the crime, I would
think that the portrayal of rape (in any humorous fashion or media)
would be treated by South Africans as abhorrent. Rape is no laughing
matter; this is evidenced in the work of many South African comedians.
South African comedians will often use theft, politics, race, and
other social phenomenon as cannon fodder for their acts. However, to
my knowledge, rape is never made light of, nor is it used as subject
matter for jokes - which I concur with. The very nature of rape
necessitates it being one of the most vile and dehumanizing acts which
individuals can perpetuate against one another, ergo, I would presume
that any attempt to portray rape in a cartoon (which are not only
social commentaries, but more importantly, lend themselves to humor)
be treated with disdain, out of respect for those individuals who are
rape victims. Concordantly, portraying rape in a cartoon - regardless
of whoever the actors and/or instigators in the depiction are - is a
no go zone.

Secondly, Zapiro and his proponents have used the, "Right to freedom
of expression and speech", as enshrined in our constitution to -in a
manner of speaking- to defend his illustration. However, we are all
aware, that in our Bill of Rights, our responsibilities in relation to
our rights are also explicitly stated. We have the right to freedom of
speech and expression, but we also have the responsibility to ensure
that that these rights do not infringe, impinge, or impede the rights
of others. Zapiro’s cartoon is a direct attack on Zuma, and in this
regard, Zapiro uses puerile slander and defamation to elucidate his
personal views and perceptions. Irrevocably, one cannot forget that
Zuma also has the right to a fair trial - a trial conducted by our
courts, not the media nor the whimsical fancies of individuals.

Thirdly, Zuma was judged fairly and accordingly in a court of law to
be innocent of an accused rape. In the spirit of democracy and
justice, if we are also to claim to be law-abiding citizens then we to
must respect the decisions reached by our courts and judiciary.
Zapiro's depiction that Zuma was about to 'rape the justice system' is
a direct intimation of his accused rape - of which he is judged to be
innocent of. Thus, any linking of Zuma to rape without the evidentiary
proof is simply defamatory slander and completely irresponsible. I ask
that you put yourself in Zuma’s shoes. How would you feel if you were
acquitted of a crime but yet you were perceived guilty by everyone
else – how would you feel? We cannot continue to hold 'rape' over an
innocent man's head, for that would be a greater injustice to the
spirit of our democracy.

Fourthly, one of the cornerstone principals of justice is that we are
innocent until proven guilty. His cartoon was drawn and published
prior to the Zuma judgment being made - this violates Zuma's right to
a free and fair trial without prejudice. Zapiro had judged Zuma
without warrant or reason. Keep in mind it is not the job of
cartoonists who have access to the national media to judge Zuma, that
is the responsibility of our judiciary.

We cannot allow the the recent trend of trial-by-media to become the
norm in our country.

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