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By Baldwin Ndaba 
1 hour ago
Johannesburg – Former President Jacob Zuma has defied an order from the Constitutional Court that required him to indicate whether he will defend a case brought against him by the Judicial Investigation Commission on allegations of state capture.
The commission filed an urgent request in the high court on December 3, asking the court to force Zuma to comply with subpoenas that were served to him to respond to 35 witnesses that linked him to state capture while he was president of South Africa.
Zuma had until 3:30 pm today to file his response affidavit.
Instead, through his lawyer Eric Mabuza, he wrote to the Acting Clerk of the Constitutional Court Dumisani Mathiba saying that he would not participate in the process.
Mabuza wrote: “We are acting on the instructions of our client, President JG Zuma, that he will not participate in these proceedings at all.
“The petition to the supreme court followed after Zuma and his legal advisers left the commission without obtaining the permission of Chief Justice Raymond Zondo on November 19.
“Now, Professor (Itumeleng) Mosala wants the court to force Zuma to testify and respond to the accusations that refer to his alleged failure as president and head of the national executive to fulfill his constitutional obligations of the Constitution and the oath of the position.
“The defendant (Jacob Zuma) is obligated to comply with any summons signed and issued by the commission clerk served on the defendant. The defendant’s conduct in excusing himself and leaving the commission hearing venue on November 19, 2020 without the president’s permission is illegal and violates section 3 (1) of Commissions Act 8 of 1947, ”Mosala said.
The commission wants Zuma to be ordered to comply with Mosala’s subpoena ordering him to appear before the commission from January 18-21 and again from February 15-19 next year.
“It is ordered that, upon appearing before the commission and after having taken an oath or affirmation, Zuma will respond to questions posed by the designated probationary leader and the commission chair, subject to the privilege of not self-incrimination, and cannot rely on the right to remain silent, ”Mosala said.
Political Bureau
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