Chief Justice Mogoeng Mogoeng has asked former president Jacob Zuma to provide evidence to the Constitutional Court about what sanction he should face – if he is found guilty of contempt.
Mogoeng has directed Zuma to "file an affidavit of no longer than 15 pages" by Wednesday next week, in which the former head of state must detail "what constitutes the appropriate sanction" if he is "found to be guilty of the alleged contempt of court".
Zuma is also directed to provide his input on "the nature and magnitude" of the prison sentence he should face – if the Constitutional Court elects to order that he face jail time for defying its ruling that he must appear before the state capture inquiry and answer its non-incriminating questions.
Should Zuma provide that affidavit, the inquiry – which is pushing for him to be imprisoned for two years for contempt – will be given a chance to respond to it.
Zuma has previously stated that he was ready to go to jail to defy the Constitutional Court’s judgment against him, and the commission, which he has accused of persecuting him like the apartheid government persecuted PAC leader Robert Sobukwe.
He did not participate in the commission’s application to compel him to provide it with evidence related to his nine years in office. Nor did he respond to its subsequent contempt case against him.
Mogoeng did not hear the cases bought against Zuma by the commission, but all directions issued by the Constitutional Court are issued under his name
This is a developing story.