Inviting Zuma to pick his punishment ‘politically astute’

Contrary to what many have seen as South Africa’s apex court being compromised, following Chief Justice Mogoeng Mogoeng’s letter to former president Jacob Zuma directing him to file an affidavit indicating what penalty the Constitutional Court (ConCourt) should impose on him if it found him in contempt, a legal expert said yesterday Mogoeng was being “politically astute”.

Mogoeng has called on Zuma to file an affidavit by Wednesday, detailing what the appropriate sanction would be.

Zuma earlier this year defied summons ordering him to appear before the Commission of Inquiry into State Capture, citing “a well-founded apprehension of bias and a history of personal relations between the Deputy Chief Justice (Raymond Zondo) and myself”.

ALSO READ: ‘ANC has never protected me’ – Zuma lifts lid on top six meeting

He previously demanded that Zondo recuse himself from the commission.

While Mogoeng has taken a flak for his stance on Zuma, with some political commentators implying that the former president was being treated with “kid gloves”.

Accountability Now director advocate Paul Hoffman, said Mogoeng was being “politically astute”.

Said Hoffman: “I don’t believe the Constitutional Court is compromised in any way, as some seem to suggest. We are dealing with civil proceedings in which the court has become involved as a party, in which its own order has not been obeyed by Mr Zuma.

“The court is simply taking a cautious approach to ensure he does not turn around and say he was not given an opportunity to put up an argument in mitigation. Chief Justice Mogoeng is adopting a cautious, fair approach and being politically astute.

READ MORE: Will Zondo succeed in getting Zuma jailed for contempt?

“Normally, a person accused of a crime is given an opportunity – once found guilty – to put up an argument in mitigation. I think the constitutional court is being political canny in giving the former president of the country an opportunity to have a say on what he thinks is an appropriate sentence.

“I don’t think anybody will ever find a case where a president of the country who has taken an oath to uphold the rule of law and the constitution, snubs the law and the constitution in the way Zuma has.”