Zuma has no intention of testifying at Zondo commission, says Casac

Former president Jacob Zuma will find out on Thursday whether his application for the recusal of the commission’s chairperson, Deputy Chief Justice Raymond Zondo, was successful.

Arguments - for and against the application - were heard on Monday.

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Zondo was expected to give a ruling on Tuesday, but said he still had some documents to study before delivering his judgment.

Then on Wednesday, the commission announced that Zuma furnished the commission with a statement which the chairperson needs to consider.

Naidoo says even if Zondo were to recuse himself, it seems that Zuma would find another reason not to testify.

"And another judge is appointed to hear the testimony, there is absolutely no guarantee that Mr Zuma will come forward and give testimony before that judge or bring another recusal application or he will come along and simply not answer questions in the way Dudu Myeni did," Naidoo says, referring to the former SAA chairperson’s decision invoke her right to silence.

On Monday, Zuma's legal counsel Muzi Sikhakhane warned the commission that should the application not be successful his client will invoke his right to silence.

Naidoo says Sikhakhane did not make a compelling case.

"The correct legal test is an objective test to whether a reasonable person would consider the conduct of deputy chief justice to be biased and I don't think that on that ground that they made out a compelling case.

"Therefore, I would think that the application would need to be refused.”

 The ruling is expected on Thursday morning.