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Judge Raymond Zondo does not take prisoners while telling the former president that he is subject to the law and the Constitution.
Judge Raymond Zondo has instructed the legal team of the State Capture Investigation Commission to press charges of contempt of former President Jacob Zuma in the Constitutional Court after he failed to appear before the investigation despite being quoted.
Zuma has been implicated in state capture by more than 40 witnesses in three years of evidence heard by the commission. I was supposed to respond at hearings this week, but did not appear a second time this year.
The court ruled in January that Zuma was compelled to appear and testify before the commission, but instead released a seven-page statement on social media, saying he was being subjected to a witch hunt and would not obey “their law”.
“The commission will present an application to the Constitutional Court seeking an order that Mr. Zuma is guilty of contempt of court, then it is up to that court to decide what to do. It can impose a prison sentence or a fine. The commission will approach the Constitutional Court and ask it to impose a prison sentence. It will be up to the court to decide what is appropriate, ”Zondo said.
He said that Zuma’s failure to appear was very serious, especially as a former head of state who had been sworn in to defend the Constitution. He said Zuma had fled the commission on November 19 and then failed to show up when he was summoned in January. In his third attack of defiance on the commission, the mild-mannered vice president of the Supreme Court took no prisoners. He lectured Zuma from his commission bench on the rule of law and everyone’s equality before the law.
“It is a pity that Mr. Zuma has decided not to appear before the commission today in defiance of a subpoena. That it was done by a former president of the country who swore to respect the Constitution is an even greater shame.
“The commission did not rush to issue subpoenas, it went to the Constitutional Court to obtain an order that would force him to appear. The commission did so when it was clear that it was not really prepared to comply with the subpoena.
“The Constitutional Court has made it clear in its ruling that a cited witness is not alone … present, must testify and answer questions and cannot leave without being excused by the president, even when reminded that it is not simply his responsibility Get up and go, ”Zondo said.
Zuma’s actions run the risk of eroding the rule of law if allowed, Zondo said.
“Summons are issued every day, and if the message that is being sent is that people can ignore subpoenas and court orders issued every day and challenge those with impunity, there will be very little [left of the law]Zondo said.
He said the former president did not have his set of laws.
“Our Constitution tells us that we are all equal before the law. We are all subject to the Constitution and the law, and we are all bound to obey the Court orders. We are bound [by the law] like it or not. There should not be two legal systems regarding these rules. There should be no rules for one and other rules for others. We are all subject to the same laws. ”
Zondo said that Zuma’s legal team chose not to oppose the Constitutional Court’s request presented by the commission to force the former head of state to appear before it even though they had been provided with a copy of the legal documents prior to the audience.
The commission’s secretary, Itumeleng Mosala, had said in his papers before the Constitutional Court that the fact that Zuma had approached the same court to request the right to file a challenge against Zondo earlier was not a legal ground for him to not appear a different summons.
“If they thought that was not correct in the law, they could have challenged. They chose not to challenge that or to participate in those processes, ”said Zondo, who reiterated the decision of the Constitutional Court that the witnesses before his commission did not have the right to remain silent, since that was a privilege in the criminal process. Zuma had the privilege of not blaming himself. “They [Zuma’s lawyers] He knew this was an issue that needed to be raised. If they had a case to the contrary, it was up to them to present their arguments before the Constitutional Court. They decided not to. “
Previously, Zondo noted that Zuma has repeatedly said that no witnesses had implicated him in the state capture. The judge wondered aloud why the former president was then concerned about self-incrimination.
“The commission views Mr. Zuma’s actions in a very serious light. He has no valid or solid reason not to appear, ”Zondo said before suspending the proceedings.
The State Capture Investigation is supposed to conclude its hearings in late March and report to President Cyril Ramaphosa in late June. The request for a contempt order against Zuma and the request for a prison sentence may delay its conclusion.
Ramaphosa will lead an ANC delegation to the commission, possibly in March. DM
See Ferial Haffajee’s report from earlier Monday here.
