- 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.
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.
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".
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.
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".
"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".