The state capture commission of inquiry will ask the Constitutional Court to impose a term of imprisonment on former President Jacob Zuma for alleged contempt of court.
This is according to the inquiry’s chairperson, Deputy Chief Justice Raymond Zondo, who made the announcement on Monday following Zuma’s no-show.
Summons
The inquiry had summoned Zuma to appear before it between 15 and 19 February 2021 after the Constitutional Court ordered him to obey its summons and directives.
However, Zuma’s lawyer Eric Mabuza wrote to the inquiry on Monday indicating that he will not appear before it. He argued that Zuma’s review application against Zondo’s decision not to recuse himself was still pending in court and that the summons was therefore “irregular” and not in line with the court’s fourth order.
“Appearing before DCJ Zondo in the circumstances would undermine and invalidate the review application over his decision not to recuse himself,” Mabuza wrote.
Announcing his decision on Zuma’s non-appearance, a sombre-looking Zondo said a message should not be “sent out” that people can ignore court orders, subpoenas and summonses, as there will be “very little that is left of our democracy.”
‘Serious light’
He added, “The commission views Mr Zuma’s conduct in a very serious light, particularly because it is repeated conduct. The commission has not treated Mr Zuma unfairly at all. He has no valid or sound reason not to appear before the commission.
“The commission has taken note that in this type of situation, the law makes provision that it may institute contempt of court proceedings. The commission will do so.
“The commission will make an application to the Constitutional Court, which is the court that made the order that Mr Zuma has defied, and seek an order that Mr Zuma is guilty of contempt of court. If the Constitutional Court reaches that conclusion, then it is in its discretion what to do.
“One of the things it can do is to impose a term of imprisonment on Mr Zuma. Another would be for it to impose a fine. The commission will approach the Constitutional Court and ask it to impose a term of imprisonment on Mr Zuma if it finds that he’s guilty of contempt of court. It will be up to the court what it considers appropriate.”
Zondo’s decision is likely to anger Zuma’s supporters, some of who have already camped at the ex-President’s Nkandla home in KwaZulu-Natal to “protect” him from possible arrest.
They include uMkhonto we Sizwe Military Veterans Association (MKMVA) members as well as members of Zuma’s family, including son Edward Zuma.