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By Sihle Mavuso 
11h ago
Durban – Hours before lawyers for former President Jacob Zuma and those of the State Capture Commission face off, the Jacob Zuma Foundation has expressed concern about the conduct of the latter’s secretariat.
The foundation argues that it is not fair for the commission clerk to file an amended subpoena request just days before the commission chairman, Supreme Court Vice President Raymond Zondo, hears the request.
In a statement released Thursday, the foundation said Zuma’s attorneys received the amended notice late Monday and were not given enough time as the matter would be discussed before Zondo on Friday.
“This is done at this late stage and a few days before a date already set for this default application. The dates being sought are the same as President Zondo has already publicly announced, “the foundation said in a statement Thursday.
According to the amended complaint, the commission’s secretariat is seeking an order from Zondo authorizing him to issue subpoenas to compel Zuma to appear before the commission to answer questions from November 16-20 this year.
He argues vehemently that the dates had already been publicly announced by Zondo and this shows an apparent bias.
“One question the legal team might have to address is whether the commission chairman can informally override his own decision and just move on.
” It is regrettable that the secretariat, without acknowledging its misunderstanding in this regard, has surreptitiously tried to smuggle a new application on the back of the original that has become moot.
” We are deeply disappointed with this reverse approach from such an important legal forum. It confirms our fear that this commission seeks to harm (former) President Zuma in all aspects, ”added the foundation.
Prior to this verbal battle, the commission and Zuma discussed the September 21 decision to announce “non-negotiable dates” for Zuma to appear before it.
Zuma and his foundation argued that “by calling the press conference, the president has jeopardized a great opportunity for cooperation.”
A few days after this statement, Zuma’s attorney, attorney Eric Mabuza, wrote to Zondo asking him to recuse himself when Zuma appeared before the commission. One of the reasons cited was that there is a personal matter that once pitted Zuma against Zondo.
The commission’s spokesman, Reverend Mbuyiselo Stemela, had not yet responded to the allegations made by the foundation. Stemela was also asked if Zondo would consider Zuma’s request to recuse himself.
Political Bureau
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