The Constitutional Court will hand down judgment in the case between secretary of the Commission of Inquiry into Allegations of State Capture and former president Jacob Zuma on Thursday.
It will rule on whether Zuma is legally obliged to appear and give evidence before the commission.
In November, Muzi Sikhakhane – for Zuma – launched a review of chairperson of the commission Deputy Chief Justice Raymond Zondo’s ruling to not recuse himself and lodged a complaint about him with the Judicial Service Commission (JSC).
After delivering his ruling dismissing Zuma’s application, Sikhakhane said they would excuse themselves from the proceedings to consider Zondo’s judgment.
However, the commission’s advocate Paul Pretorius pointed out that if Zuma excused himself from the commission without Zondo’s permission, he would be acting unlawfully and in defiance of the summons for him to appear at the inquiry.
On the day, Zondo was notified after the tea break that Zuma had left the commission, which left him dismayed, saying it was a “serious matter”.
A few days later, Zondo announced that a criminal charge would be laid against Zuma for his walkout from the commission.
Zuma could be subjected to a penalty or the commission could obtain a warrant of arrest against him after he left the commission’s proceedings without asking for Zondo’s permission.
The Commissions Act dates back to 1947 and outlines the penalty for such a contravention at £50 – which would have to be converted to determine the penalty Zuma could be subjected too – and/or imprisonment of six months.
Compiled by Vhahangwele Nemakonde. Additional reporting, Makhosandile Zulu