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Former President Jacob Zuma.
Gallo Images / Sowetan / Thulie Dlamini
The State Capture Inquiry says former President Jacob Zuma “… sought to exploit his political status as a former president,” in defiance of a Constitutional Court order to appear before him, and is adamant that he should be jailed for contempt.
In the allegations presented this morning in the Constitutional Court, the commission points out that Zuma had not taken the opportunity to assure the highest court in the country that he would appear before the commission and answer the non-incriminating questions posed to him.
“Mr. Zuma has not presented any notice to oppose or respond to the sworn statement in this process. Nor has he declared whether or not he is complying with the Court’s decision,” the investigation indicated.
“Taking into account what he has publicly stated about this Court, it would have been expected that he would defend or explain under oath his statements before this Court. However, the legal effect of his failure to present an affidavit to the contrary is that all the facts alleged by the Commission must be considered established “.
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The investigation also argues that Zuma, in statements to the media, has insulted the Constitutional Court 14 times, the investigation 10 times, and the judiciary six times.
Given the circumstances, he argues, and given that Zuma had not responded to the contempt case brought against him by the commission, the Constitutional Court should, “… recognize that Mr. Zuma’s challenge was an attack on the judicial system as a whole. and it was, despite Mr. Zuma’s protests to the contrary, clearly designed to jeopardize the rule of law. ”
“Mr. Zuma has made it clear that he is determined not to heed the order of this Court. Despite the fact that the secretary indicated in the founding affidavit that the Commission could still hear Mr. Zuma’s evidence, in the event that The Court will be inclined to grant a stay of an internment order that allows him to do so, Mr. Zuma has not come forward to commit to doing so. Mr. Zuma has remained firm in his defiance of the Commission and this Court, with the result that a suspended sentence would serve no purpose. “
This is a developing story.
