Zondo compels Zuma to appear before commission
THE battle lines were drawn yesterday after State Capture Inquiry chairperson Deputy Chief Justice Raymond Zondo issued a summons compelling former president Jacob Zuma to appear before the commission next month.
Following arguments presented by evidence leader advocate Paul Pretorius outlining the reasons why Zuma had to appear before the commission, Zondo ordered Zuma to appear before the commission between November 16 and 20.
Last month, Zuma, through his lawyers, asked Zondo to recuse himself on the grounds that he believed Zondo had already “adopted a biased disposition towards him and could not bring an impartial mind to the issues and evidence that relate to him”.
In his submission to the commission’s chairperson, Pretorious said as34 witnesses had implicated Zuma, it was deemed necessary for the commission to call him to answer the allegations against him.
Pretorious said it was not an uncommon recourse for the commission as it had already issued 2500 summonses to appear before the commission or to produce documents.
“Insofar as Mr Zuma’s evidence is subject to the investigation of the commission, one could have referenced the terms of reference themselves but also the witnesses who have come before the commission. Over and above the requirements of section 3 (1) and the requirements of the terms of reference which delineate the mandate on you, chair, for your investigation, there is a duty at common law that obliges the commission to call Mr Zuma to answer those allegations,” said Pretorious.
Reading out his order, Zondo said: “Having read the affidavits placed before me and having listened to submissions made by counsel representing the commission’s legal team, I am satisfied that this is a matter in which I should grant the application. I’m satisfied that a proper case has been made out for an order authorising that the commission’s secretary should sign and issue a summons against Mr Jacob Gedleyihlekisa Zuma, former president of the Republic of South Africa, to appear before the commission at 10 o’clock on November 16 to 20, in this venue on each one of those days.”
Zondo said despite the fact that Zuma was not interested in being given the opportunity to present his side of the story, by law, he as the commission’s chairperson had the right to compel Zuma to appear before the commission if he believed that the former head of state had information that could assist the commission in its investigation.
“The fact that he’s not interested in being afforded that opportunity doesn’t preclude me from saying ‘come, I want to know certain issues that you appear to have knowledge about’. It is in that regard to that second part, it seems to me, where he can’t say ‘leave me alone. I’m not interested in being heard by you’,” he said.
“How can I ignore those things? I want to know what he has to say and what he knows about those things that have been said,” Zondo said.
I want to know what he has to say and what he knows... Raymond Zondo
DEPUTY CHIEF JUSTICE