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Former President Jacob Zuma before the Zondo Commission in 2019 (Photo: Felix Dlangamandla)
Attorneys for former President Jacob Zuma wrote to the chairman of the state’s capture commission of inquiry, Deputy Judge Raymond Zondo, asking him to recuse himself due to his “partial predisposition” toward the former leader.
In a lawyer’s letter drafted by his legal team, Mabuza’s lawyers, Zuma says he has been “targeted” by the commission of inquiry.
This follows an ultimatum made by Zondo earlier this month when he announced at a press conference that the new non-negotiable dates for Zuma’s appearance to testify would be November 16-20.
He said that on October 9 at 09:00 hours, the commission will hear a request submitted by its legal team for an order authorizing the issuance of a subpoena.
Zondo said that if they didn’t show up, the request would continue without Zuma’s team.
The letter from Zuma’s attorneys read:
For the reasons that will be set out in their entirety in the request to be submitted shortly, we are instructed to seek his challenge as Chairman of the Commission on the basis that our client reasonably suspects that he has already adopted a partial provision towards him and cannot present an impartial mind to the problems and tests that relate to it.
“President Zuma’s conclusion that the president is no longer capable of exercising an independent and impartial mind is reinforced by what he considers the unwarranted public statements made by the president at said press conference.
“President Zuma has always expressed his willingness to cooperate with the Commission. This despite his reservations about the legality of the Commission and, in particular, his suitability as president, given his personal relationships with him. However, the conduct of the President to him has left President Zuma with no choice but to take this step to defend his rights as a citizen.
“President Zuma believes that the president’s conduct has stripped this Commission of its much-needed and much-lauded legitimacy.”
The letter goes on to say that, until his request to disqualify Zondo is finally determined, Zuma would no longer take part in the commission of inquiry and that Zondo had the right to take whatever action he deemed legal and appropriate.
We reiterate that President Zuma has questioned the legality of the establishment of this Commission. It persists in this matter and reserves all its rights in this regard.
“To the extent that the President interprets that his powers are so absolute that non-negotiation is necessary to agree on dates of appearance, we leave it in his capable hands to do what he deems appropriate.
“We are aware that the President has already indicated that with or without President Zuma’s legal team, he will make his decision. As a result, our views on the matter have been rendered irrelevant by the President’s statements and he has the right to take any action or opinion that it deems lawful and timely “.
