Zuma may invoke right to silence if forced to testify, warns Sikhakhane
Former president Jacob Zuma's may take a leaf out of former South African Airlines (SAA) chair Dudu Myeni's book and invoke the right to silence if forced to testify, his legal representative warned on Monday.
Advocate Muzi Sikhakhane made the remarks during an application for the recusal of the chair of the commission of inquiry into state capture.
Zuma has cited Zondo’s alleged bias and the fact that the judge fathered a child with his ex-wife's sister as the reason for the application.
Zondo started proceedings by clarifying the historical ties between himself and Zuma.
According to Sikhakhane, Zuma attended Monday’s hearing to demonstrate that he has no intention of defying Zondo.
ALSO READ: ‘We are not friends,’ Zondo tells Zuma at recusal hearing
Sikhakhane further explained that his client was justifiably "fearful" of appearing in a commission that had reinforced the perception that he is a criminal.
"You may have created an environment that enforces in his mind reasonably so that this forum is an extension of the narrative about him that everything that went wrong in South Africa is attributable to him," he said.
"Chair, most people believe that we must give my client orange overalls and walk him into Kgosi Mampuru," he continued.
Sikhakhane told the commission that the inquiry's selection of witnesses was also a cause for concern.
"When a state is captured - I hope we never get there as a country - you need a wide range of witnesses. Not just the likes of Barbara Hogan, Pravin Gordhan and Mcebisi Jonas.
"We listened to people saying they are not corrupt. The witnesses are a selection of people who had an axe to grind with him.”
Sikhakhane says the commission feeds into what they believe is a narrative that Zuma “is the man who destroyed our country”.
He went on to say that if a trustworthy environment is not created for his client under which he can testify, then he will tell Zuma to exercise his rights to say nothing.
"I can sit down now chair and you will blow me, and I can review you and it can go nowhere and that will be the end of Mr. Zuma, or I will bring him here and tell him to sit there and tell him to say nothing.
"That is a stalemate I can do.”
Before adjourning for lunch, Zondo said this is the first time - in the 24 years he has been on the bench - an application to recuse himself has been brought against him.
