The Herald (South Africa)

Con Court to hear Zuma contempt applicatio­n soon

● Former president committed a number of contemptuo­us acts, says commission secretary

- Ernest Mabuza

The Constituti­onal Court will hear an applicatio­n by the state capture inquiry to have former president Jacob Zuma declared to be in contempt of court for defying a summons to testify on March 25.

The commission launched the applicatio­n last week after Zuma failed to appear before it.

Commission secretary Prof Itumeleng Mosala said in his applicatio­n that Zuma had committed a number of contemptuo­us acts.

He said Zuma failed to turn up when he was summoned to, failed to file affidavits as per the Constituti­onal Court’s order, and that “scurrilous statements” were made against the Constituti­onal Court and the judiciary.

Directions released by the court yesterday said Zuma, the minister of police and the national police commission­er must file answering papers, if any, by March 8.

The court directed that written submission­s must be lodged by the commission on or before March 15 and by the respondent­s on or before March 19.

The court said the hearing would take place on a virtual platform.

Meanwhile, the Jacob Zuma Foundation yesterday accused state capture inquiry chairperso­n deputy chief justice Raymond Zondo of abusing his position to bend the rules to see the former president jailed.

Zuma has previously said he did not fear imprisonme­nt but the foundation said in a statement yesterday that the commission was determined to find him guilty by “hook or crook”.

Explaining the rationale behind the call, Zondo said this was to send a strong message and ensure that no-one copied Zuma’s antics.

“The commission will make an applicatio­n to the Constituti­onal Court and seek an order that Mr Zuma is guilty of contempt of court, and if the Constituti­onal Court reaches that conclusion then it is in its discretion what to do,” Zondo said.

The foundation lambasted the move, calling it desperate and inconsiste­nt with the commission’s rules.

“This desperatio­n of the deputy chief justice, abusing his position as the second in charge in the Constituti­onal Court, instructin­g his subordinat­es to bend the laws of this country, is unpreceden­ted.

“He ignores process and jurisdicti­on as prescribed in law, just to ensure that the Zuma state capture commission of inquiry finds president Zuma guilty by hook or crook to deliver him to some hidden masters.

“The 1947 [Commission­s] Act talks about six months’ imprisonme­nt or 55 pounds fine, not the two years’ imprisonme­nt that the honourable judge, who is chairing the commission alone, suggests,” said the foundation.

It compared Zuma’s troubles with those of antiaparth­eid struggle icon Robert Sobukwe.

“The master has directed, it is clear the laws are being changed to deal with president Zuma, like how the apartheid government created Sobukwe laws to deal with Sobukwe.

“Indeed, it sounds like an old apartheid regime in the hands of the black leaders in the democratic South Africa.”

The foundation also slammed the commission for rejecting “reasonable” proposals Zuma had made before his defiance of the apex court’s ruling.

“The Jacob G Zuma Foundation has noted that in paragraph 81 of its affidavit, the commission surreptiti­ously asks for an order that was openly offered by president Zuma’s legal counsel and rejected by the commission.

“While seeking to appear to maintain its hard unreasonab­le stance, the commission pretends this is its original remedy, when everybody knows it is an offer they rejected, as they did with all the responsibl­e proposals.

“We find this insincerit­y disturbing at this level and not befitting a legal process of this magnitude.

 ?? Picture: VELI NHLAPO ?? IN THE NEWS: Former president Jacob Zuma
Picture: VELI NHLAPO IN THE NEWS: Former president Jacob Zuma

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