Zuma unable to testify but does not have to give Zondo commission a sick note

Former president Jacob Zuma will not be returning to testify at the Zondo inquiry next week, after his lawyers informed the commission that “he is ill”.

No date for his evidence has been set and the inquiry has not responded to questions about whether Zuma has provided a written response to the “areas of interest” that it asked him to address in an 11-page document sent to his lawyers in July.

According to a source close to Zuma, he was in hospital last week. His spokesperson, Vukile Mathabela, declined to provide any details on his condition.

At his last appearance at the inquiry, Zuma told the inquiry chair, deputy chief justice Raymond Zondo, that he has flu.

Whatever the state of Zuma’s health, the inquiry does not appear to have any power to second-guess him. Because Zuma has been invited to testify, and not subpoenaed, the inquiry cannot force him into the witness box. There are no rules formulated by the inquiry to deal with the non-appearance of a witness due to illness.

It has not yet responded to questions about whether it was given, or asked for, evidence of Zuma’s ill health. He was due to answer questions from evidence leaders for five days next week and respond to the evidence of top-six ANC officials about the dismissals of Nhlanhla Nene and Pravin Gordhan.

ANC deputy secretarygeneral Jessie Duarte confirmed to Business Day that she has answered questions from the inquiry about the dismissals of finance ministers Gordhan and Nene, which sent shock waves through the political landscape and economy and ultimately led to Zuma’s political downfall.

Responding to questions about whether she would testify at the inquiry, Duarte told Business Day: “I was requested to answer questions. I did so. I have not been invited to appear.”

Duarte, mineral resources & energy minister Gwede Mantashe, who was secretarygeneral at the time of Nene’s and Gordhan’s axing, and health minister Zweli Mkhize, who was treasurer-general, were all asked by Zondo to provide his inquiry with certain information about those dismissals.

The ANC has thus far provided limited evidence to the inquiry, with Mantashe testifying in 2018 about why the top six had met banks about their decisions to terminate bank accounts belonging to the Gupta family and their businesses.

President Cyril Ramaphosa’s spokesperson, Khusela Diko, confirmed that he has provided an affidavit to the inquiry detailing his account of the R500,000 donation his ANC election campaign received from corruption accused facilities management company Bosasa, as well as his dealings with the Gupta family in July 2018. “No date for his appearance has been finalised yet,” Diko stated.

ANC attorney Krish Naidoo said that the party is still seeking the opportunity to give evidence at the inquiry about, among other things, its policy on cadre deployment.

For now, though, it appears Zuma is the focus of the inquiry’s attention. Nene’s dismissal and replacement by MP Des van Rooyen, in December 2015, after alleged efforts by the Gupta family to threaten and bribe

Nene’s deputy, Mcebisi Jonas, into taking his post and doing the family’s bidding, sent the markets crashing. Four days later, Zuma replaced Van Rooyen with Gordhan. The inquiry has informed Zuma that it will ask him about “the dismissal of Mr Nene and the appointment of Mr Des van Rooyen”.

At the time of publication, the Zondo inquiry had not responded to questions about whether Duarte, Mantashe or Mkhize will be called to testify.