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By Sihle Mavuso 
3h ago
Durban – A few days before former President Jacob Zuma appears before the Zondo commission, which is investigating allegations of state capture, his lawyers and the commission’s secretary are locked in a bitter war of words.
The war of words that broke out on Wednesday was sparked by a letter written by Professor Itumeleng Mosala, the commission’s secretary, to defend Eric Mabuza, Zuma’s attorney, asking Mabuza if his high-profile client would honor the appearance on 16 to November 20.
Mosala opened her letter by issuing an ultimatum to Mabuza to inform Mosala before 12 p.m. Thursday (November 12, 2020) if Zuma would come to the commission.
“In his letter he indicated that his client had not told him that he was going to challenge the subpoena. This does not tell the commission what your client’s instructions are on whether or not to comply with the subpoena. It’s just what he hasn’t told you. Now I am writing to ask you to follow instructions and tell us whether or not your client will comply with the summons.
“I ask you to let me know before 12:00 am tomorrow, if I do not receive any response from you before 12:00 am tomorrow or if I receive a response that does not inform the commission that your client will comply with the summons, I will assume that you are the client he does not intend to comply with the subpoena, ”Mosala wrote to Mabuza.
Mosala also reminded Mabuza that his client, Zuma, has not submitted a formal request to seek disqualification from Zondo as stated above. It was about Zuma saying that he and Zondo have historical personal fights that can tarnish the impartiality of the judge when he hears Zuma’s testimony.
“The commission has indicated that, to date, its client has not presented his request for recusal by the president, who indicated more than five weeks ago that he would be presenting. Your client should have filed his request for a long time if he persists in his request that the president recuse himself.
“I take this opportunity to warn your client that even if his legal team plans to move his request for impeachment of the president, that will not be a valid reason for him not to comply with the subpoena on November 16, 2020. He is obligated to Comply with the subpoena as your legal team moves any request they are told to make on your behalf. The commission has considered it important to make this clear before Monday, November 16, 2020, ”Mosala wrote.
The tone of the letter did not sit well with Mabuza, who found it insulting. She saw it as Mosala placing herself above the chairman of the commission, Supreme Court Vice President Raymond Zondo. In striking back, Mabuza reminded Mosala that she had no right or powers to warn him or his client of anything.
“We make a strong exception to the condescending tone of your letter and your attempt to intimidate us or (former) President Zuma. His conduct is completely unnecessary and unjustified. The Vice President of the Supreme Court has never treated us with the disrespect that he shows us. In any case, their conduct will only serve to harden attitudes on this delicate matter, “Mabuza said in response.
Furthermore, she told Mosala to do whatever she wanted regarding the matter.
“We wish to remind you, Professor, that you have no authority to warn (former) President Zuma of anything … Regarding your threat, we wish to refer you to our letter dated November 5, 2020 that ‘you are free to take any step you consider appropriate ‘… All the rights of our clients are reserved, ”Mabuza replied.
By Thursday it was unclear whether Zuma would appear before the commission and, if he did not appear, what steps the commission would take to force him to come. Some media reports indicate that the commission may go to the Constitutional Court to obtain an order to force Zuma to use it.
Zuma’s complaint about appearing before the commission appears to be a fear that his testimony could be used against him in his ongoing corruption trial, which returns to the Pietermaritzburg High Court in December this year.
Political Bureau
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