Zuma sentenced to jail for contempt
FORMER president Jacob Zuma will spend the next 15 months in prison after the Constitutional Court found him guilty of contempt of court.
The judgment, handed down by Justice Sisi Khampepe yesterday morning, followed an application by the Zondo Commission to hold Zuma in contempt for refusing to appear before the commission.
The commission first sought assistance from the Constitutional Court in December last year, on an urgent basis, after Zuma indicated he would not adhere to summonses to appear.
The commission lodged an application to place Zuma in contempt of court.
Justice Khampepe found that Zuma was fully aware of the consequences of his actions and knowingly defied the court’s order to comply with the directives of the commission.
“On the evidence placed before this court, there can be no doubt that Mr Zuma is in contempt of court.
“In fact, Mr Zuma’s contempt of this court’s order is both extraordinary and unprecedented in respect of just how blatant it is.”
Justice Khampepe sentenced Zuma to 15 months’ imprisonment and ordered him to submit himself to SAPS at Nkandla police station or Johannesburg police station within five calendar days.
“This is for the station commander and others in charge of the police station to ensure that he is immediately delivered to a correctional centre to commence serving the sentence imposed.”
In the event that Zuma failed to submit himself to the police as required, Justice Khampepe said the minister of police and the national commissioner of SAPS must, within three calendar days following the period stipulated, take all steps necessary and permissible in law to ensure that Zuma was delivered to a correctional centre. He was also ordered to pay all legal costs incurred by the commission.
Zuma’s son, Duduzane, said he needed to speak to his father before commenting.
“Once I speak to him and understand where he is at, I will get back to you.”
Two of Zuma’s daughters tweeted in support of their dad.
Duduzile Zuma, the twin sister of Duduzane Zuma, said: “Amandla! Just Spoke To My Father, @PresJGZuma Is In High Spirits And Has No Fear. We Have A Choice Between Serving Our Time In Jhb Or Nkandla… Of Course, We Have Chosen To Be Close To Home. Lockdown Or No Lockdown, We Will Escort You To Serve Your Time (sic).”
Thuthukile Zuma, the youngest of Zuma’s four daughters, tweeted a picture of her dad and the words: “Nxamalala. All day every day."
In welcoming the judgment, Neeshan Balton, the director of the Ahmed Kathrada Foundation, said: “It is important to reaffirm the rule of law and the equality of all people before it. It (the ruling) shows that regardless of whether you are the former president or a regular citizen, everyone is prescribed by the law.
“The judgment was a firm and decisive one and for the courts to take three months to make its decision shows that careful consideration was made and the matter was looked at at great length.”
Advocate Rod Solomons, the convener of the civic organisation #SAFirstForum, said: “This judgment drew a firm line in the sand against extraordinary attacks against our judiciary and justice system. The court took umbrage at the way Mr Zuma threatened the authority and legitimacy of the ConCourt and our judicial system. The court said clearly that courts are the pillars of a democracy and no person is above the law. “We say amandla and viva to this. “We fervently trust that there will be no political interference or weak-limpness by the president, his cabinet, or the ANC to derail giving effect to this judgment or to water it down.”
Ashok Chandika, an executive member of the Active Citizens Movement, said: “We see this as a watershed moment in the fight against corruption as well as reasserting the supremacy of the rule of law and the tenets of our Constitution. It emphasises the notion that no one is above the law and the courts of our land. The ruling begins to restore faith in our judiciary and prosecuting authorities that many citizens perceive move too slowly.”
Chandika shared his concern on the potential for possible defiance and protest on the part of some of Zuma’s supporters. “We call on them to obey the judgment and act within the confines of the law at all times."
He said the fight against corruption was not over.
“We need all citizens to become active participants in the governance of our communities and institutions and place our country on a new trajectory.”
Karam Singh, the head of legal and investigations at Corruption Watch, said: “This is a historically significant moment. For the first time in South Africa, we are seeing a former head of state held directly accountable by way of a prison sentence for his refusal to submit himself to the commission or to the jurisdiction of the ConCourt in this matter.
Advocate Ashin Singh, the convener of the South African Minority Rights Equality Movement, said the organisation was of the view that a direct approach to the Constitutional Court was irregular and malicious. “It was designed with a specific outcome in mind… that is the imprisonment of a former Robben Islander.”