WATCH | State capture commission to ask ConCourt to jail Zuma if he is found in contempt of court

0:00
play article
Subscribers can listen to this article
  • Former President Jacob Zuma was due to appear before the Zondo commission this week. 
  • Zuma's legal representative wrote to the commission, saying the summons issued for Zuma to appear before it was irregular.   
  • Zuma has made it clear that he would rather face jail time rather than appear before Deputy Chief Justice Raymond Zondo.

The Zondo Commission of Inquiry into State Capture will approach the Constitutional Court seeking an order that former President Jacob Zuma is in contempt of court.  

And should the court find him guilty then, it should impose a prison sentence, said Deputy Chief Justice Raymond Zondo on Monday.  

Last year the commission laid a complaint with law enforcement agencies following Zuma's walk-out of the inquiry, in defiance of a summons issued against him. The secretary of the commission had also been instructed to lay a criminal complaint against Zuma for not appearing from 18 to 22 January 2021.

READ | Zondo commission slams Zuma's refusal to obey ConCourt order

However, on Monday, Zondo said because Zuma had repeatedly defied the commission by walking out in November last year, and defying the subpoena for him to appear in January, his apparent contempt for the commission was serious.

He also said it was a "pity" Zuma chose not to appear before the commission this week.  

READ | 'Hands off Zuma' - Ace Magashule comes to former president's defence over ConCourt order defiance

Zuma has previously made it clear that he would rather face jail time than appear before the commission.

Zuma's lawyers, Mabuza Attorneys, wrote to the commission, informing its officials of this claiming the summons issued for Zuma to appear before Zondo was "irregular".

READ | Ramaphosa to lead ANC presentation to Zondo commission as top 6 try to convince Zuma to comply

Last month, the Constitutional Court ruled that Zuma was compelled to appear before the commission and that, when he did appear, he could not remain silent.

Incriminating 

The apex court further ordered that Zuma had to show that by answering a question truthfully, he would be incriminating himself.

However, Zuma's lawyers said in the letter that his review application against Zondo's refusal to recuse himself was, "... yet to be determined by the court".

The letter also states the summons calling for Zuma to appear before the inquiry, "... is irregular and not in line with the fourth order of the Constitutional Court judgment of 28 January 2021".

ALSO READ | Those who want to arrest Zuma will have to go through us, say MK vets

"Appearing before DCJ Zondo in the circumstances, would undermine and invalidate the review application over his decision not to recuse himself.

"We also place on record that the review application was not before the Constitutional Court and, accordingly, was not considered  determined and/or adjudicated by that court."

The lawyers said their position, "... should not be construed to suggest any defiance of a legal process".

 
We live in a world where facts and fiction get blurred
In times of uncertainty you need journalism you can trust. For only R75 per month, you have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today.
Subscribe to News24
Lockdown For
DAYS
HRS
MINS
Voting Booth
When a Covid-19 vaccine for under 16's becomes available, will you be taking your children to get it?
Please select an option Oops! Something went wrong, please try again later.
Results
Yes, immediately!
38% - 3976 votes
I'll wait to see how others respond
26% - 2715 votes
No, I don't think they need it
36% - 3838 votes
Vote
ZAR/USD
15.36
(-0.53)
ZAR/GBP
21.27
(-0.18)
ZAR/EUR
18.31
(-0.11)
ZAR/AUD
11.82
(-0.25)
ZAR/JPY
0.14
(-0.16)
Gold
1698.61
(+0.28)
Silver
25.15
(-0.51)
Platinum
1128.50
(+1.07)
Brent Crude
67.21
(+4.17)
Palladium
2328.00
(+0.60)
All Share
68271.19
(+0.78)
Top 40
62788.64
(+0.87)
Financial 15
12759.80
(+0.67)
Industrial 25
87613.31
(-0.32)
Resource 10
70801.78
(+2.36)
All JSE data delayed by at least 15 minutes morningstar logo