Don’t let court assist Zuma in breaking the law, judge told
FORMER president Jacob Zuma’s attempt to halt his imminent arrest resulted in him being labelled a “repetitive, recalcitrant lawbreaker”, who was approaching the Pietermaritzburg High Court to assist in his lawbreaking.
Whether Judge Bhekisisa Mnguni would heed the call for him to dismiss Zuma’s application, would only be known on Friday.
It was a long day of hearing arguments from the head of Zuma’s legal team, advocate Dali Mpofu, advocate Tembeka Ngcukaitobi who represented the Commission of Inquiry into State Capture, and advocate Max du Plessis, who represented the Helen Suzman Foundation, that opposed the application with the commission’s chairperson, Deputy Chief Justice Raymond Zondo.
Ngcukaitobi called on Judge Mnguni not to be drawn into assisting Zuma to break the law by overturning a Constitutional Court ruling, and pleaded with him to dismiss the case.
He argued that Zuma had acted defiantly and effectively took the law into his own hands, by ignoring a court order to hand himself over to the authorities by Sunday.
“The fact that he was accepted for a hearing does not mean he should not comply with a court order,” Ngcukaitobi said. “By his conduct, Mr Zuma has placed himself above judicial authority. He has defied the Constitution,” Ngcukaitobi said.
He also argued that the high court had no jurisdiction in this case and had no power over a higher court’s decision.
“It would be wrong for this court to impose itself midstream. There is no reason for Your Lordship to catch the bus midstream,” Ngcukaitobi said.
Supporting the commission’s plea for the court to dismiss the matter, advocate Du Plessis agreed that the court had no jurisdiction to stay an execution of order made by the apex court. He said the high court ruling on a ConCourt decision “would amount to second-guessing the Concourt”.
He also questioned why Zuma had not asked the ConCourt to stay his arrest warrant.
“One suspects that he knew his chances in front of the Constitutional Court are vanishingly thin,” he said.
Du Plessis also took exception to the Helen Suzman Foundation being called an “NPO with a laptop” by Mpofu, in his arguments.
He said, effectively, the foundation was representing the public, as there was a clear public interest in the case.
In a lengthy two-part argument, Mpofu said that it was actually “inappropriate” for the commission and the foundation to be part of this court proceedings.
“They already got their order. It’s no skin off their nose as to when the applicant will be arrested,” Mpofu said.
“What business is it of an NGO and some commission … to travel metaphorically to Pietermaritzburg to oppose,” Mpofu added.
He said the issue of jurisdiction was “a red herring” and that the court had an inherent and national jurisdiction, even of other courts and tribunals.
Judge Mnguni asked Mpofu if they had approached the Constitutional Court to stay its arrest order.
Mpofu said they did not “because the applicant did not know the Constitutional Court would issue instructions on Saturday”.
“You need to put yourself where he (Zuma) was on Friday and then on Saturday,” Mpofu said.
WITHOUT mentioning former president Jacob Zuma by name, ANC deputy secretary-general Jessie Duarte said the ANC’s national executive committee (NEC) reaffirmed its support of the Constitution following a special meeting yesterday.
Duarte said the NEC resolved that the interest of an individual could not supersede that of the nation and democracy.
She was addressing the media yesterday following a special NEC meeting to discuss developments in KwaZulu-Natal.
The NEC had received reports on meetings held in KwaZulu-Natal involving Zuma. The ANC had deployed members of its NEC to the province in an effort to calm tensions regarding Zuma’s impending imprisonment of 15 months. The Constitutional Court ruled that Zuma had been in contempt of court. This led to Zuma supporters flocking to his Nkandla home in protest and to support him.
Duarte said the NEC condemned the actions by some members of the ANC which violated Covid-19 regulations.
The party especially took exception to the behaviour of members of the uMkhonto weSizwe Military Veterans Association (MKMVA).
The NEC said the association had been disbanded. The association’s spokesperson, Carl Niehaus, said yesterday that this was not true as the MKMVA was an autonomous organisation.
Duarte said ANC KZN provincial secretary, Mdumiseni Ntuli, would be tasked with investigating and instituting disciplinary action against members who acted against the party’s constitution at the weekend.
Duarte said the NEC noted that the situation in KZN did not represent a popular uprising, but was engineered from within the ANC.
She said the ANC would not comment on Zuma’s 15-month prison sentence. She reiterated that the ANC reaffirmed its support of the judiciary and the rule of law.
“No one wants to go to jail. The former president is exploring every legal avenue available to remove or reduce the sentence that has been imposed on him. We respect the rule of law and believe the judiciary must be left to do its work. We do not believe we have any say. We hope his court application will be successful,” Duarte said.
On whether Zuma was still a member of the ANC NEC, Duarte said he was. The ANC has yet to engage Zuma on the gathering held outside his home. Duarte said it would do so.
Political analyst Ralph Mathekga said the ANC had missed an opportunity to come out strongly against developments in KwaZulu-Natal.
He said the party had also fallen short in distancing itself from Zuma’s legal woes.
“They were not specific, they spoke generally. They could have come out strongly and earlier.
“You do not see them talking about Zuma. They should have emphasised more that the rule of law should actually apply,” Mathekga said.
“It was almost like they are respecting his right to challenge the court, where else, this is the man who refused to subject himself to the court much earlier,” he said.