Feigned ignorance of the law is no excuse

IN OCTOBER 2010, the Justice, Crime Prevention and Security (JCPS) Cluster ministers signed a delivery agreement with President Jacob Zuma. It signified the cluster’s undertaking to embark on a “prioritised programme of action” towards making South Africa safe for all and attractive to visitors and investors.

The JCPS Cluster aims to have “a stable, safe and thriving democratic dispensation. It is charged with ensuring that the relevant defence, police and correctional mechanisms are in place and work efficiently and effectively”.

Approximately two-and-a-half years later, the Gupta family’s chartered jet carrying more than 200 international passengers who do not fit the category of government officials or VIPs on official duty, lands at our most secure Waterkloof Air Force Base.

Yes, government admits the breach of security here, but no-one is taking responsibility.

To me it seems government officials genuinely don’t know who should have taken what responsibility!

My thinking is that if such a large aircraft which everybody deems a national security threat can land at the Waterkloof Air Force Base, all 200-plus passengers get off the plane, get a “fake” police entourage to escort them to Sun City and all the while the JCP S ministers are oblivious to that state of affairs, this is clearly an admission of failure by the JCPS Cluster.

As a South African citizen, I must raise my concern. We thank the Minister of Defence for “boldly” ordering that the aircraft be removed from Waterkloof Air Force Base (two days later ).

The fact that the ministers have all expressed “disappointment” and “lack of knowledge of the authorisation granted” at this incident, does not appease my fears in the least.

What I need to hear is that our Intelligence and the JCPS Cluster ministers were aware of the aircraft landing at Waterkloof, had verified the identity of all the passengers aboard and just simply admit to engaging in a corrupt action.

I am very perplexed at the thought that 200-plus people could enter South Africa in an unauthorised fashion and then leave without our intelligence and security agencies being aware of how they got authorisation in the first place. And our Ministers of Justice, International Relations and Defence, all of them unaware of how this all happened.

I am astounded and to you all I say, ignorantia juris non excusat (ignorance of the law is not an excuse). When committing an offence guilty parties cannot use as a defence the fact that they did not know they were breaking the law.

Our ministers took an oath of office/solemn affirmation in terms of Section 17 of the constitution 106 of 1996 which states “ I, XYZ, do hereby swear/solemnly affirm to be faithful to the Republic of South Africa and undertake before those assembled here to hold my office as minister/ deputy minister with honour and dignity; to respect and uphold the constitution and all other law of the Republic of South Africa; to be a true and faithful counsellor; and to perform the duties of my office conscientiously and to the best of my ability”.

I would urge these ministers before making bold media comments in the future, to please revert to this oath/affirmation and consider whether their actions would not be contrary to it.

If South Africans were a concerned group of citizens, we should be calling for accountability, transparency without fear or favour as our constitution guarantees. Our government is failing us by displaying such blatant disregard for our security as citizens.

We deserve better service delivery from our elected government. We should be calling on a vote of no confidence at this point.

The Gupta’s chartered aircraft was detected because of the media hype surrounding the wedding.

How many other criminals and gangsters and wealthy illegal immigrants have entered South Africa undetected?

Are we not portraying the notion that South Africa is a safe haven for all ... if the price is right?

Since those in charge clearly don’t know what is expected of them, we welcome all to illegally enter our turf and are prepared to bend our security structures at the dire expense of South African citizens to accommodate such illegal visitors.

Vikita Sihlali is from East London.

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