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Former President Jacob Zuma before the Zondo Commission in 2019.
Felix Dlangamandla, Netwerk24
- The state capture investigation wants the Constitutional Court to order Zuma to respond to the accusations that “refer to his alleged breach as president and head of the national executive of his constitutional obligations.”
- Zuma had until Thursday to say whether he would fight the investigation’s urgent attempt to force him onto the stand.
- The investigation asks the Constitutional Court to speed up the hearing of your case so that it can rule on your request before January 10.
Former President Jacob Zuma did not meet the deadline to notify the Constitutional Court that he will oppose the latest legal attempt at Zondo’s investigation to force him to respond to the state capture accusations made against him.
The investigation seeks an order from the Constitutional Court requiring Zuma to serve two separate subpoenas to appear before Supreme Court Vice President Raymond Zondo from January 18-22 and February 15-19.
READ | Jacob Zuma corruption case postponed to February
The investigation seeks urgent and direct access to the highest court in the country so that it can request an order that Zuma is “constitutionally obliged” to respond to the complaints that “refer to his alleged failure as president and head of the national executive to comply with his obligations “.
According to the research secretary, Professor Itumeleng Mosala, the request “seeks to ensure that Mr. Zuma is not treated as if he is above the Constitution and the law.”
“Much, if not most, of the alleged corruption and acts that could constitute state capture occurred during Mr. Zuma’s term as President of the Republic of South Africa,” says Mosala.
In his lawsuit, the investigation gave Zuma until Thursday to present his opposition brief to his case. He has not been able to do so.
Zuma’s attorney, Eric Mabuza, did not respond to requests for clarification as to whether he had chosen not to oppose investigation efforts to force him to appear before the commission.
Constitutional law expert Lawson Naidoo emphasized that while Zuma may choose not to participate in the case, the investigation “has yet to overcome the hurdle of persuading the court to grant direct access, and to hear and decide the matter before the Zuma’s next scheduled appearance before the commission on January 18, 2021. “
“Given the seriousness of the situation the commission faces in getting Mr. Zuma to appear and answer questions, I think it is likely that the Constitutional Court will grant him direct access to defend his case,” Naidoo said.
“But this is no guarantee that the Zuma appearance enforcement application … will be successful.”
Meanwhile, state prosecutor Johan van Schalkwyk, on behalf of the investigation, has asked the Constitutional Court to set an urgent timetable for the resolution of the case, should the court decide to hear him.
“In the event that the court decides to hear the matter, it would be fair and just for an order to be granted before January 10, 2021,” he said.
The investigation has until March 31, 2021 to deliver its final report to President Cyril Ramaphosa, leaving him with just over three months to complete his work.
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