The Zondo fee has served a written discover on former president Jacob Zuma reminding him that he’s compelled to look earlier than it subsequent week and can be responsible of a prison offence if he failed to take action.
In a letter to Zuma and his attorneys, dated Monday, the fee of inquiry into state seize mentioned the summons served on him final yr remained legitimate, even within the absence of a Constitutional Court order it has urgently sought to pressure him to adjust to it.
“The fee needs to guarantee that there isn’t any confusion in your half about your obligation to adjust to the summons requiring you to look earlier than it on 18-22 January 2021,” the fee’s secretary, Itumeleng Mosala, wrote.Zuma can be to look earlier than the fee from February 15 to 19.
Mosala acknowledged that the Constitutional Court docket could not ship a ruling earlier than subsequent week. The courtroom heard the fee’s utility on December 29 and has reserved judgment.
“It’s doable that the Constitutional Court docket won’t have handed down its judgment by the 18th January 2021 when, by way of the summons, you might be supposed to look earlier than the fee,” Mosala wrote.
“The fee needs to clarify to you that, even when the courtroom has not handed down its judgment by 18 January 2021, you might be obliged to adjust to the summons and seem earlier than it as a result of the summons stays legitimate and binding on you as a result of it has not been withdrawn, put aside or suspended.
“Due to this fact the fee needs to clarify to you that any failure in your half, with out ample trigger, to look earlier than it on the 18th to 22nd January 2021 will represent a prison offence.”
The fee approached the Constitutional Court docket after Zuma and his lawyer, Muzi Sikhakhane, dramatically walked out of the sitting throughout which Deputy Chief Justice Raymond Zondo dismissed their application for his recusal. Sikhakhane had threatened that ought to Zuma be obliged to look earlier than Zondo he would instruct his shopper to stay silent on the stand.
The courtroom utility begs an order that Zuma is pressured to look earlier than the fee for the 10 full days this month and subsequent and that on the stand he could not resort to silence, save for invoking the appropriate to not incriminate himself.
It was filed after Zondo made plain that he had run out of persistence with Zuma’s evasion and defiance.
The direct method to the Constitutional Court docket was partially a method to avoid wasting time as a result of Zuma’s historical past of exhausting each authorized avenue of delay meant he can be all however sure to attraction any excessive courtroom ruling.
Advocate Tembeka Ngcukaitobi, for the fee, confronted a tough transient each in making the argument for unique jurisdiction and for urgency.
He was grilled at some size by the judges of the courtroom as as to if the fee had not created its personal urgency by lengthy treating the previous president with child gloves and indulging his delay ways till mere months remained of its lifespan.
The applying made a case for direct entry by arguing that by way of part 167 (four) of the Structure, solely the Constitutional Court docket has the ability to find out whether or not the president of the republic has did not train his duties.
It then requested for a declaration by way of part 172 (1)(a) that Zuma was sure to testify and reply allegations that he failed in his constitutional obligations.
Mosala, in a supporting affidavit, argued that it was his understanding that Zuma’s constitutional responsibility to account for the train of his presidential powers didn’t finish on the day he left workplace. He famous that greater than 30 witnesses had made allegations that Zuma wanted to reply.