Zondo vs Zuma: the Constitution promises that we are all equal before the law



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The state capture commission is opening a criminal case with the police and seeking an order from the Constitutional Court to force former President Jacob Zuma to appear at the hearings.

FILE: Vice President of the Supreme Court Zondo during the first public hearing on allegations of state capture in Johannesburg on August 20, 2018. Image: AFP

JOHANNESBURG – The powers that former President Jacob Zuma gave to the Zondo Commission and his actions, or lack thereof, on the state capture accusations are coming back to haunt him.

The commission is opening a criminal case with the police and seeking an order from the Constitutional Court to force Zuma to appear at the hearings.

This comes after the former president left the investigation last Thursday without being excused.

• ANALYSIS: Why Judge Zondo made the right decision not to recuse himself from the investigation

Supreme Court Vice President Raymond Zondo said Monday that his decision to report Zuma to the police and the National Tax Authority (NPA) was based on the Commissions Act of 1947 and the Constitution.

The Constitutional Court ruled once Zuma did not comply with the Constitution when he did not implement the corrective action of the Public Protector against him.

Now Zondo takes him before that court and asks him to order him to appear before the state capture commission, which he established based on the 1947 law and the Constitution.

“Any person summoned to attend and testify before a commission, who without sufficient cause does not attend at the time and place specified in the summons or remains present until the president excuses him, will be guilty of a crime,” said Zondo.

Added to that, Judge Zondo wants an order from the Constitutional Court ordering Zuma to submit affidavits based on the regulations he promulgated.

“The Constitution promises us all that we are equal before the law. This is a principle of our Constitution that is fundamental for a society that is based on the rule of law, ”he said.

Zondo said Zuma’s decision to leave the commission without permission while there was a valid and binding subpoena was a serious matter, and had an impact on the integrity of the investigation, the rule of law and public accountability, but the police will do so. Does the NPA and the Constitutional Court support it?

LOOK: State capture commission to file criminal complaint against Zuma



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