Karyn Maughan | Zuma-judgment: Why two ConCourt judges disagreed with the majority ruling

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Former president Jacob Zuma defied the Zondo Commission on Monday by not appearing.
Former president Jacob Zuma defied the Zondo Commission on Monday by not appearing.
Thulani Mbele, Gallo Images, Sowetan

The Constitutional Court’s majority have made legal history by ordering that former President Jacob Zuma must be imprisoned for contempt – but, as Karyn Maughan writes, two justices insist that ruling is unconstitutional.

Acting Deputy Chief Justice Sisi Khampepe knew the Constitutional Court was making legal history when it ordered that former president Jacob Zuma should be imprisoned for 15 months for his "egregious" and "insidious"  contempt of the country's highest court.

But, in a ruling delivered on behalf of the court's majority, she found that Zuma had "left this court with no real choice" but to order that he be jailed for defying its ruling that he appear before the State Capture Inquiry and answer non-incriminating questions.

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