[ad_1]
Former President Jacob Zuma on the Zondo Commission.
Sharon Seretlo, Gallo Images
- The National Association of Democratic Lawyers of South Africa says that no one is above the law, including former President Jacob Zuma.
- Nadel said he was also “shocked” by the content of a statement issued by the Jacob Zuma foundation that said he would rather go to jail than be “intimidated” by the Zondo commission.
- Zondo also announced that the commission would order a new subpoena against Zuma to appear before the commission.
Former president Jacob Zuma’s decision to excuse himself from the Zondo commission, without asking permission from the president of the investigation, threatens the rule of law.
This is according to a statement issued by the National Association of Democratic Lawyers of South Africa (Nadel).
Nadel also said he was “shocked” by the content of the press releases issued by the Jacob Zuma Foundation, noting that the former president would rather go to jail than face the Zondo commission.
The foundation also praised Zuma for exiting the commission during the tea break.
READ | Zondo files criminal charges against Jacob Zuma for commission flight
He said he was very concerned by reports that when Zuma’s attorney went to see Zondo on camera, they found the judge with attorney Tembeka Ngcukaitobi SC.
Nadel said the foundation’s statement was an “affront to our constitutional order.”
He said:
“The foundation’s claim that former President Jacob Zuma would rather go to jail than face the Zondo commission is puzzling, considering that the commission was created by Zuma. When he established it, he was unequivocal in expressing his confidence for all judges in the country. “
Zuma left the commission last week, shortly after Zondo dismissed the request that the judge recuse himself from presiding over the process.
He had accused Zondo of being “biased” and said the two shared a “close relationship,” which Zondo denied multiple times.
After Zondo announced his decision on Zuma’s recusal offer, attorney Muzi Sikhakhane, who represents the former president, said they would excuse themselves from the process.
READ | Zuma vs Zondo: the former president’s strike sends a message that he is above the commission – legal expert
“The instruction is to review the decision you just made when you finally give us a copy,” Sikhakhane told Zondo at the time.
He also said that they would file a complaint with the Judicial Service Commission against Zondo.
However, the head of the commission’s legal team, attorney Paul Pretorius, said the proceedings should continue and that, if excused, Zuma would be acting in defiance of the subpoena issued against him.
He said it was up to Zondo to decide whether the proceedings should continue.
Threatening the rule of law
In his statement, Nadel said that Zuma’s decision to “excuse himself” from the commission without asking Zondo’s permission, despite the fact that a valid subpoena has been issued and without a court order overturning the subpoena, threatens the rule of law.
“No one is above the law, including [a] former president, “he said.
“The Zondo commission is a duly instituted public inquiry, whether one agrees to the terms of reference, the work of the commission, or its chair, it remains a duly instituted public inquiry,” adding:
“The commission should not be distracted from this important task by transparent attempts to undermine its legitimacy.”
Nadel expressed his confidence in Zondo, saying that he had, “without a doubt that he is an independent judge who will always comply with the Constitution in conducting investigations and hearings.”
He also said that he has noticed attacks against defenders Ngcukaitobi and Pretorius.
“Besides being devoid of fact and logic, these attacks are also unfortunate. We trust that the foundation will reflect on this in due course and will issue appropriate retractions and apologies.”
READ ALSO | Zuma vs Zondo: the former president will review the rejection of the recusal offer, abandons the investigation despite the subpoena
Meanwhile, on Monday, Zondo announced that he had requested that a criminal complaint be filed against Zuma.
Zondo also announced that the commission would order a new subpoena against Zuma to appear before the commission.
Urgent
The commission will go to the Constitutional Court urgently for an order, ordering the former president to appear and answer questions.
A disgruntled Zondo described Zuma’s actions as a “serious matter” that would have a significant impact on the commission’s work.
“Your conduct may send a message to all other witnesses who may not feel comfortable coming in and answering questions in this commission that it is the right thing to do for a witness who has been subpoenaed to decide to apologize and that witnesses who have been summoned they can come and go as they please before the commission.
“If that happened, this commission would not be able to function. Therefore, it is very important for the proper functioning of this commission that Mr. Zuma’s conduct is treated in the way our law establishes that it should be treated,” he added. Zondo added.
