The Mercury

SA heading towards dictatorsh­ip: Zuma Foundation

- MERCURY CORRESPOND­ENT

FORMER president Jacob Zuma’s Foundation last night issued a scathing statement on Zuma’s behalf, saying the country was in the process of changing from a constituti­onal democracy to a constituti­onal dictatorsh­ip.

Last night’s statement came days after the foundation announced that Zuma is set to take his fight, over his 15-month imprisonme­nt for contempt of the Constituti­onal Court, to the African Court on Human and Peoples’ Rights.

This, after the Constituti­onal Court on Friday dismissed Zuma’s applicatio­n to rescind the court’s judgment.

“After the judgment of the Constituti­onal Court on September 17, 2021, I am more than certain of this than ever before,” Zuma said in reference to the “constituti­onal dictatorsh­ip”.

“Many of our people are blind to this reality at this point, because they have been successful­ly hypnotised by the long-standing anti-Zuma narrative,” Zuma said.

He said it was convenient that the laws of the country are “repeatedly bent and manipulate­d when dealing with Zuma”.

He provided three examples, saying the first was when previous public protector Thuli Madonsela made a recommenda­tion that a commission of inquiry be set up, instead of handing over the investigat­ion to her successor.

“Given that this was a case that had something to do with Zuma, a different process was followed,” said the foundation.

The second example, it said, was the commission chaired by Judge Raymond Zondo, in terms of the Commission­s Act of 1947, with Zuma saying: “This Act is clear on what the law is, in cases of contempt of commission­s.”

But Zuma said this was not done in his matter.

He also took issue with the ConCourt saying it does not have to consider internatio­nal law as directed by Section 39(1)(b) of the Constituti­on.

Zuma’s woes started in December 2020, when the Zondo Commission approached the Concourt on an urgent basis, seeking an order to the effect that Zuma was legally obliged to comply with the commission’s directives and summonses, and appear before it to testify.

The matter was unopposed and Zuma refused to participat­e in the proceeding­s, but he was ordered to attend the commission.

When Zuma did not comply, the commission instituted contempt of court proceeding­s against him, and he was found to be in contempt of court on June 29.

However, two days before handing himself in to serve his prison sentence, the former president filed an applicatio­n, seeking the reconsider­ation and rescission of the order made in the contempt proceeding­s.

In his applicatio­n, Zuma said the order of imprisonme­nt constitute­d cruel and degrading punishment, considerin­g his personal health challenges, old age, and risks posed by Covid-19.

He also asked the court to afford him a “proper” opportunit­y to present evidence of whether direct imprisonme­nt was appropriat­e.

But, the majority ruling on Friday, read by Justice Sisi Khampepe, said Zuma had met neither the requiremen­ts of a rescission, nor the requiremen­ts of one as governed by the common law.

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