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The Commission of Inquiry on State Capture may turn to the Constitutional Court for former President Jacob Zuma to answer questions on the forum, according to a letter his lawyer said he received.
Zuma is scheduled to appear before the commission between November 16 and 20.
She appeared in July last year and subsequent attempts to schedule her comeback have been hampered by illness or an earlier engagement.
Zuma’s attorney, Eric Mabuza, said he had received a letter from the commission about whether or not Zuma would attend.
“They said if we don’t [reply]They will go to the Constitutional Court, ”Mabuza said on Wednesday.
In October, a subpoena was issued for Zuma to return to the commission, in terms of the commission’s rules.
Mabuza said that he still does not know why the matter could be taken to the consideration of the judges of the Constitutional Court.
The latest development comes as former SAA board director Dudu Miyeni appeared via video link on Wednesday.
She said she preferred not to answer the questions because she could incriminate herself.
Her responses Wednesday were repeats of that standard response that she would not answer.
As vice president of the Supreme Court, the president of the commission, Raymond Zondo, usually works in the Constitutional Court.
He was appointed to chair the commission by Chief Justice Mogoeng Mogoeng.
Zuma appointed the investigation on the recommendation of former public protector Thuli Madonsela.
Normally, he would also have chosen the president, but due to the allegations implicating Zuma himself in the alleged state capture, Madonsela considered it prudent to pass the task of choosing a president to the Chief Justice.
Zuma’s attorney has already indicated that he could file a request to disqualify Zondo due to a family history between Zondo and Zuma.
Zondo recently broke his silence prior to the possible recusal request to explain that he had a child with Zuma’s sister-in-law some 25 years ago, long before Zuma married the boy’s aunt, Thobeka Madiba.
Zuma’s presence at the investigation was ordered for the purpose of testifying before the commission and being questioned on certain matters related to the commission’s investigations.
The commission’s secretary, Professor Itumeleng Mosala, said he could not comment on the correspondence.
Comments were requested from the spokesperson, the Rev Mbuyiselo Stemela, and responses will be added when received.
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