Zuma ‘is in trouble’ – criminal law expert
Criminal law expert James Grant says the Constitutional Court has the discretion to impose a prison sentence longer than the prescribed six months on former president Jacob Zuma.
The chair of the commission of inquiry into state capture, Deputy Chief Justice Raymond Zondo, said on Monday that the commission will be approaching the court to declare Zuma in contempt of court.
Zuma has refused to testify at the commission, despite an order from the apex court that he appear and give evidence.
Zondo said the commission will ask the court to impose a jail sentence on the former head of state instead of a fine.
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Grant believes Zuma is in trouble.
"It is a clever move on the part of the deputy chief justice, because there are two types of contempt in these circumstances. The first relates to the contempt against the commission and those charges have already been laid.
“The second one relates to being in contempt of the Constitutional Court. This is based on the Constitutional Court's order."
He said Zuma will now have to explain to the highest court in the land why he failed to heed its order to appear before the Zondo commission.
"It has to be proven that he intended to insult the court. We might not know that he has a defence, we cannot presume his guilt. In fact, we must presume the opposite. But if all that is in the public arena is all that was to be known, I do think Mr Zuma is in trouble at least."
