Zuma will not appear in the next state capture investigation, needs time to prepare and is in ‘old age’



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Former President Jacob Zuma.

Former President Jacob Zuma.

Thulie Dlamini, Gallo Images

  • Attorneys for former President Jacob Zuma say he will not appear on the Zondo commission this month.
  • Attorney Eric Mabuza accused the commission of relying on the media to determine when the former president should appear.
  • He also says that Zuma is currently preparing for his criminal trial.

Former President Jacob Zuma will not be able to attend the state’s arrest investigation between September 21 and 25, his attorney said.

Zuma’s attorney, Eric Mabuza, wrote to the Zondo commission, saying it was unfair to expect the former president to simultaneously consider evidence and affidavits from more than 30 witnesses in preparation to appear this month.

Mabuza said they need to be given enough time to consider all the evidence, as well as to consult with the lawyer and the former president, “in order to offer him adequate advice on the way forward.”

READ | Zuma breaks Ramaphosa’s Corruption Card

“We note in the commission letter that instead of engaging, it has relied on the media to determine when [former] President Zuma should appear on the commission, “Mabuza said.

“We consider that the availability of [former] President Zuma could easily have been discussed or verified with us before the commission made their own (incorrect) assumptions about his availability or our own preparation as the new attorneys on the matter.

“We note that the commission has finally given formal notice of its intention to proceed with the request to bind [former] President Zuma appears.]

Leave

“It should follow that we must await the outcome of that request before we can discuss the possible appearance of [former] President Zuma on the commission, “the letter noted.

“We are confident that the commission will engage with us regarding the application hearing dates.”

READ | State Capture: Zuma’s legal team in dispute with commission over appearance

Mabuza also said that Zuma was preparing for his long-awaited criminal trial, “the importance of which cannot be overstated.”

He also said that Zuma was involved in several other cases that required his full attention.

It should also be noted that [former] President Zuma is also elderly, and given the current Covid-19 pandemic, he has been advised to limit his movements.

“This has had an impact on our own ability to consult with him regarding the commission.”

Mabuza said future dates, including those for the pending application, should be discussed with them before they are confirmed, “so that our unavailability is not interpreted as a lack of cooperation.”

“We note the threat that the commission ‘reserves the right to take measures to compel the former president to appear before the commission’ and we consider it unnecessary to respond at this stage, as it does not help the process in any way.

Disdain

“Instead, it only goes to show the disdain with which the commission’s legal team deals [former] President Zuma. We do not wish to participate in such an exchange of threats, as this can only tarnish the integrity of such an important commission. ”

Mabuza also said they were told that the pending request to compel the former president to appear was necessary because of the “commission’s refusal to believe” that Zuma was out of the country receiving medical attention.

“As we understand it, the chairman of the commission, Supreme Court Vice President Raymond Zondo, pledged or ruled that it would meet [former] President Zuma’s doctor to verify what he did not believe [former] President Zuma was receiving medical attention in Cuba when he was asked to appear before the commission.

“We are currently instructed to meet that request with which the legal team of the commission persists. We also await the result of the meeting between the president and [former] President Zuma’s doctor, “he said.

“In our opinion, beyond the other logistical difficulties we face as a new legal team, it is premature to try to call [former] President Zuma appear prior to finalizing the request that is pending before the commission regarding the commission’s own request to issue subpoenas / subpoenas against [former] President Zuma. “

Mabuza also said that Zuma was seeking legal advice regarding the amended regulation, which helped facilitate the exchange of information between law enforcement agencies and the commission, and its implications for its future involvement.

The bylaws were modified by President Cyril Ramaphosa.

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