ConCourt asked to punish Zuma, too late to force him to appear at State Capture Commission

In its arguments heard in front of the Constitutional Court on Thursday morning, the commission said it wants Zuma punished for his deliberate violation of the Constitutional Court order that had ordered the former president to appear before the inquiry. 

Zuma has maintained he will not appear before the commission until Deputy Chief Justice Raymond Zondo recuses himself as Chairperson. 

In an earlier statement, Zuma said he is willing to go to jail to defend his right not to appear before Zondo. 

Advocate Thembeka Ngcukaitobi delivered the arguments on behalf of the Commission and told the apex court that it would not be effective anymore to force Zuma to appear. 

“A punitive sentence is never counter productive because its focus is the restoration of the authority of the court. What will be counter productive is the suggestion that Zuma should go to prison first, someone must then fetch him and bring him before the commission and he must be asked if he wants to speak of not. That will be ineffective as a remedy.” 

Ngcukaitobi continued to stress the urgency of the application, saying it should also serve as a warning for anyone who wants to undermine the rule of law and the orders issued by the court.

“We are dealing with what the effective remedy is for this court to vindicate the assault on its dignity. A fine is out of the question because we no knowledge of Mr. Zuma’s financial position. He has not come to the court to say that he would rather pay a fine. The only debate is whether to suspend the imprisonment,” argued Ngcukaitobi. 

Zuma did not oppose the proceedings and his lawyers did not appear before the court. 

Ngcukaitobi said this decision adds more aggravating circumstances on Zuma’s actions which he says are a political attack on the Constitutional Court.