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By ANA Reporter 
1 hour ago
Cape Town – Zondo’s commission of inquiry requested in its complaint to the Constitutional Court, among other things, an order that former President Jacob Zuma cannot refuse to answer questions when he takes the stand to testify before him for two weeks in the new Year.
The commission’s secretary, Itumeleng Mosala, claims in an attached affidavit supporting the court request filed Thursday that Zuma has thwarted and attacked her and, through this conduct, undermined the rule of law.
The request to the court follows a new subpoena that was served to Zuma last week to call him to testify from January 18 to 22 and again from February 15 to 19.
He seeks to avoid, under threat of arrest, the repetition of any of the behaviors shown fifteen days ago when Zuma left the investigation without permission and did not appear the next day despite being under citation.
Zuma and attorney Muzi Sikhakhane left unexcused on November 19 after Supreme Court Vice President Raymond Zondo dismissed their request to recuse.
Sikhakhane had warned Zondo during the discussion that if his client was forced to testify before the judge, who was accused of having abandoned objectivity, he took him up on the stand only to remain “silent.”
Mosala has now asked the Constitutional Court to include in the order he requests, a directive that: “The defendant will answer all questions asked by the trial leaders and the commission chair, subject to the privilege against incrimination, and it cannot be based on the right to remain silent. “
The order would also force Zuma to appear to testify at 10 a.m. every day, for the full 10 days he is being called.
The request finds an argument for direct access to the Constitutional Court, which legal experts are not sure will be granted to the commission, in Article 167 (4) of the Constitution, which stipulates that only the higher court has the power to decide whether the president of the country fulfilled his legitimate duties.
Mosala argues in her affidavit that accountability for whether Zuma upheld the law and the Constitution during his years in office did not wane on the day of 2018 that Zuma left the presidency.
He also invoked the Bill of Rights, saying that the former president therefore had a duty to inform the commission and the country if state money intended to give effect to socio-economic funds was lost due to corruption.
More than 30 witnesses have implicated Zuma in the corruption scandals the commission is investigating.
The lawsuit requests that, given the urgency of the matter, the former president be given just five days to indicate whether he intends to oppose the request.
Mosala asked the court to rule that Zuma should bear the cost of the application.
African News Agency (ANA)
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