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All eyes are on the chairman of the State Capture investigation, Raymond Zondo, to see if he will order an arrest warrant for Jacob Zuma. The former president, for his part, says he did nothing wrong.
Minutes after the deputy chairman of the State Capture investigation, Raymond Zondo, ruled that he would not recuse himself as Jacob Zuma had wanted, the former head of state left the building.
“He is not coming back. It’s a shame he’s gone. The commission will reflect on the issues it needs to reflect on, ”said Zondo, who returned from his tea break and realized that Zuma was gone. He postponed the commission until Monday, November 23.
Before the break, test leader Paul Pretorius said: “It is not up to the applicant. [Zuma] just apologize, it’s your decision. ”
Zuma had been summoned to appear before the commission to testify, and he should, the evidence leader said. By leaving, he had committed a crime, said two senior commission officials who spoke with Daily maverick on condition of anonymity.
The commission is constituted by the Commissions Law of 1947, which states: “Any person summoned to appear and testify… who without sufficient cause does not attend or does not remain present or until the president excuses him… will be guilty of a crime. . “
Another clause of the law reads: “Any person who intentionally interrupts the proceedings of a commission or who intentionally obstructs or obstructs a commission in the performance of his duties shall be guilty of a crime.
Zuma is now believed to be guilty of a crime and anyone can press charges on or off the commission. The Commissions Act was passed in 1947 and is so old that it still sets penalties in pounds. It establishes prison terms of between six and 12 months.
Because Zuma was summoned to appear this week and then left without the judge’s permission, Zondo can order that an arrest warrant be issued.
“The commission needs to take some action. It cannot afford to be undermined. The two things that come to mind are that an order can be issued [for Zuma’s arrest] or a criminal charge can be brought, ”said Lawson Naidoo, executive secretary of the Council for the Progress of the South African Constitution (Casac).
Zondo has done everything possible to avoid a confrontation with Zuma almost from the start of the commission, but the former president has ignored repeated requests for cooperation from the commission. Upon leaving while under subpoena, Zuma flipped the bird on Zondo, analysts said.
Zuma’s legal team said the former head of state did not illegally leave the commission.
“I do not agree [that they are in breach of the Commissions Act and that Zuma committed an offence]. We ask to be excused, ”said attorney Eric Mabuza. He said that Zuma could not stay because his lawyer had already presented the intention to take the recusal sentence for review in the Gauteng Superior Court.
‘The request for my disqualification is rejected’
At 10:05 a.m. on Thursday, November 19, Zondo began reading his decision on whether or not to recuse himself from chairing the commission after a stop-and-go week during which the trial was delayed three times.
Zuma’s legal team had alleged that Zondo was in conflict due to a friendship with the former president and that the commission’s choice of witnesses and Zondo’s comments on the proceedings had revealed bias.
The commission has heard 257 witness testimonies in the 27 months it has been sitting, and 35 of those witnesses have implicated Zuma. Since August 27, 2018, after the first witnesses, Vytjie Mentor and Themba Maseko, implicated the former head of state in state capture instances, the commission had tried to hear his version of events.
Zondo laid out the commission’s countless attempts to bring Zuma to the witness stand. He said: “A cornerstone of any fair and equitable legal system is the fair trial of disputes. Nothing is more likely to undermine trust than actual bias or the appearance of bias on the part of officials who have the power to judge. ”
The many attempts the commission had made to hear Zuma’s testimony showed that he was not biased. In previous challenge cases, the courts had ruled that one test was that a judge had to show an open mind to persuasion through evidence and attorney presentations.
But without hearing Zuma’s testimony, how was he supposed to show his open mind? Judge Zondo asked.
“An unfounded and unreasonable arrest in relation to a judicial officer is not a justifiable basis for challenge and the arrest must be evaluated in the light of the facts. Courts are hesitant to make a finding of bias in the absence of compelling evidence. “
On Zuma’s argument that the two men had a personal relationship, which was a conflict of interest, Zondo said: “The applicant [Zuma] can’t be allowed to bring this up so late in the day, “and they weren’t close.
Almost three years have passed since the commission was constituted by Zuma and Zondo was nominated by Chief Justice Mogoeng Mogoeng to chair it.
lawyer Muzi Sikhakhane said in his recusal case that Zondo’s comments to witnesses had revealed bias.
“I have read all the comments quoted. I am satisfied that the applicant [Zuma’s] containment has no merit, “Zondo said.
“I have the right and the obligation to seek comments and questions, as the commission must seek the truth about the matters it is investigating. The applicant expects him to be very passive when witnesses appear. As long as you keep an open mind and act fairly, I have no difficulty seeking clarity and testing evidence. “
Now what?
Pretorius told Zondo that Zuma couldn’t get up and leave.
“Notwithstanding the review decision, the process must continue. If they excuse themselves from the proceedings, Zuma is acting in defiance of the subpoena and [acting] illegally. It is up to you, President, to decide whether the proceedings continue or be suspended. [suspended] pending review “.
Zondo is mulling over what to do next with the witness who has been the most troublesome, but is also critical for a final report to have credibility.
Negotiations are underway for Zuma to provide a written statement in response to the 35 witnesses who have implicated him in the state capture. The commission would not be well served if he took the stand but later refused to say anything (as did his friend Dudu Myeni), associates said.
The commission, on at least 26 occasions, has invited Zuma, in writing, to provide his version of events and has written to him at least 16 times to find adequate time frames for him to present his testimony. He has been excused when he had to attend a separate corruption case, when he was ill, and this week, he was excused to attend a funeral.
Civil society and some members of the commission want Zondo to take firm action against Zuma in the final rounds of the investigation, which must end on March 31, 2021. Others believe that a bloodless solution can still be found to protect the integrity of the commission. DM
