Court asks Zuma, Zondo for their views on UN rights covenant

The Constitutional Court has asked Jacob Zuma and the Zondo commission to give their views on how international law might apply to the jailing of the former president.

The court’s request on Friday suggests that at least some of its members are giving deeper consideration to Zuma’s argument that he was wrongly jailed.

The court sentenced Zuma to 15 months in prison for breaching its order to appear before the state capture commission. He has asked the court to reverse its decision, arguing it amounts to detention without trial.

The court, which reserved judgment on this application, now wants those involved in the case to submit arguments on whether it is “obliged to consider” the UN International Covenant on Civil and Political Rights in its deliberations.

The constitution stipulates that, when interpreting the Bill of Rights, courts “must consider international law”. In its directions the Constitutional Court refers to articles 9 and 14(5) of the UN covenant and decisions of the human rights committee, the body that monitors implementation of the covenant.

Article 9 sets out a number of rights of accused and arrested persons and article 14(5) says “everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”.

The fact that Zuma was convicted by the highest court, from which there can be no appeal, was one of the arguments he made for a breach of his rights.

Zuma’s advocate, Dali Mpofu, said he was meeting his client this weekend to determine if he will be well enough to appear in court on Tuesday in connection with his arms deal corruption trial. Zuma was taken to hospital on Friday for “observation”.