Recission application by Zuma would be ‘bizarre’ – legal expert

Rescission application by Zuma would be ‘bizarre’ – legal expert

Legal expert Ulrich Roux believes a rescission application by former president Jacob Zuma to the Constitutional Court has no prospects of success.

Jacob Zuma Court - AFP

Reports were doing the round on Friday that Zuma would be applying to the apex court for rescission of the ruling that ordered him to spend 15 months behind bars for contempt of court.

"Indications are that Jacob Zuma is trying to go back to the ConCourt to say the proper procedure was not followed and he was not given an opportunity to present his case and the order should be rescinded so that he can present his case,” says Roux.

“It’s absolute nonsense. Zuma was given numerous opportunities to present his case against the contempt application.

"Zuma was also given multiple opportunities to testify at the Zondo commission so he is not held in contempt of the Constitutional Court order. He elected to ignore that, so there are absolutely zero grounds for this application or for it succeeding. The court's order stands.”

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Zuma is also said to be applying to the Pietermaritzburg High Court to stay his arrest pending the application to the highest court in the land.

Roux has described the move by Zuma as strange, as he would have a difficult time convincing a lower court to hear an application to stay an order of the apex.

"It is a strange application indeed if it launched. I will be surprised if it is even heard. This could be legal posturing. It would have to be launched on Friday to be argued on Saturday for the possibility of a stay of the arrest which is expected on Sunday. One would have to wait and see but it certainly a bizarre turn of events," added Roux 

Zuma has been ordered to hand himself over to the police by Sunday so he can begin to serve his term.

In a warrant of committal signed by Justice Sisi Khampepe, Zuma is expected to be remanded at the Westville Correctional Centre in KwaZulu-Natal.

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