Spat between Zuma and judiciary heats up, ConCourt sets date for contempt hearing
The Constitutional Court has set a date to hear the commission of inquiry into state capture’s application to hold former president Jacob Zuma in contempt of court.
The matter will be heard on March 25.
The commission filed an urgent application last week after Zuma failed to abide by an order of the court that he appear before the commission.
The chairperson of the commission, Deputy Chief Justice Raymond Zondo, wants the Constitutional Court to impose a custodial sentence on Zuma for contempt of court.
On Monday, the apex court announced the date, adding Zuma would have until the 8th of March to file his replying affidavit.
In a statement released earlier on Monday, The Jacob Zuma Foundation accused Zondo of abusing his powers to settle personal scores.
"This desperation of the deputy chief justice, abusing his position as the second in charge in the Constitutional Court, instructing his subordinates to bend the laws of this country, is unprecedented.
“He ignores process and jurisdiction as prescribed in law, just to ensure that the Zuma state capture commission of inquiry finds president Zuma guilty by hook or crook to deliver him to some hidden masters.
"The 1947 [Commissions] Act talks about six months' imprisonment or 55 pounds fine, not the two years' imprisonment that the honourable judge, who is chairing the commission alone, suggests," the foundation said
Legal expert James Grant says Zuma now faces common law contempt of court, and not contempt under the Commissions Act.
"My understanding is that the reason the commission has referred the matter back to the Constitutional Court is because it wants the Constitutional Court to invoke the provision of the common law contempt.
"The significance of that is that it's not limited to the penalty provided for in the Commissions Act, which is a maximum of 6 months," he explains.
Grant believes it may be difficult for Zuma to dig himself out of this hole.
"Usually in cases of criminal liability there's also requirement that the person must have, usually, intended to violate the order of the court and they also must have no justifiable excuse for their conduct.
We're yet to hear from Zuma what exactly his mental state was, whether he understood properly that he was breaking the law.
"We don't know his side of the story yet and we can't yet conclude that he will be convicted but he certainly appears to have a case to answer."
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