Zondo to Zuma: no more delays

STATE CAPTURE INQUIRY: ZUMA TOLD WHEN TO APPEAR

The chair of the Commission of Inquiry into State Capture can order Jacob Zuma when to appear before the inquiry, an expert says.

In contempt if he uses ‘Stalingrad tactics’ to not give testimony.

From being too sick to “preparing for an arms deal court matter”, the reasons given by embattled former president Jacob Zuma in avoiding appearing this week before the Commission of Inquiry into State Capture were delaying, but flimsy tactics, according to a constitutional expert.

Although Zuma has not yet been in contempt of the commission under South African law by failing to appear before its chair, Deputy Chief Justice Raymond Zondo, the reasons he has given through his legal team were “unconvincing” and “if he persists, could end up being arrested”, says Accountability Now director Advocate Paul Hoffman.

Zondo said yesterday the reasons provided by Zuma for not appearing also included doctors advising him that because of his age and the Covid-19 pandemic, he should limit his movements.

Zuma was also seeking legal advice on amendments to the commission’s regulations.

Zondo said he would no longer negotiate with Zuma and his legal team on dates for his testimony.

“This commission does not negotiate dates with witnesses,” he warned, determined that Zuma would appear before him from 16 to 20 November.

Hoffman conceded Zuma’s failure to appear was “another Stalingrad tactic”.

He said: “The arms deal matter is a complete red herring because that case is not going to run until next year. In any case, his defence is a bare denial.

“If he is going to make it as difficult as he can for the state to prove its case against him in that matter, he must know that it did not work for Schabir Shaik and should not work for him.

“It is clear that money changed hands with [French arms manufacturer] Thales people.

“I don’t know what preparation he needs to do for the case.

“Certainly, there is no reason why he cannot take time off for the preparation to come to the Zondo commission.

“His health situation is very strange because the other day he was taking a new bride, although it seems she did run away.

“I don’t know what sudden setback he has had, but I imagine his health is a make-wait.

“He simply does not want to be exposed to answering questions from evidence leaders at the commission.

“That being the case and give that there has been a history of dates seeking to accommodate and to find him, the commission is left with no alternative, but to [subpoena him].”

Failure to obey an order, could see him being arrested.

“When he gets an order to come and does not come, then he is in contempt of the commission, making himself open to be arrested.

“Deputy Chief Justice Zondo’s response has been completely ... sensible and a reasonable reaction to a stonewalling and Stalingrad tactic.

“This was yet another Stalingrad tactic since 2005, which we all know quite well by now.”