Order Zuma to answer questions at commission, Zondo asks ConCourt

Former president Jacob Zuma has been subpoenaed to twice appear before the state capture inquiry in January and February – and the commission’s lawyers want the Constitutional Court to order that he is “constitutionally obliged” to show up and “account by giving evidence”.

The inquiry on Thursday afternoon filed an urgent application for direct access to the country’s highest court, in which it also seeks an order that Zuma must answer to allegations that “concern his alleged failure as president and head of the national executive to fulfil his constitutional obligations”.

While Zuma’s advocate, Muzi Sikhakhane, has previously indicated the former president would exercise his right to remain silent if forced to give evidence before Deputy Chief Justice Raymond Zondo, the inquiry wants the Constitutional Court to order that Zuma “may not rely on the right to remain silent”.

Zuma may ask to exercise the privilege against self-incrimination – but this will be dependent on whether Zondo is satisfied that he has made a case for doing so.

ALSO READ: Mess with Zondo at your own peril

The inquiry also wants the Constitutional Court to rule that Zuma’s “conduct in excusing himself and leaving the venue of the commission hearing on 19 November 2020, without the permission of the chairperson [Deputy Chief Justice Raymond Zondo] is unlawful” and breached the Commissions Act.

Walked out

Zuma walked out of the inquiry after Zondo refused his application for Zondo’s recusal.

The inquiry views that walk out, which came after evidence leader Paul Pretorius warned Zuma’s legal team that he could only leave the commission with Zondo’s permission, as demonstrating criminal contempt.

The inquiry now wants the Constitutional Court to order Zuma to comply with two separate summons issued on him to appear before Zondo – on 18-22 January and 15-19 February.

ALSO READ: Complaint lodged against Zuma, his lawyers for Zondo commission walkout

They also want Zuma to be ordered to remain in attendance at the inquiry on these days, until he is excused by Zondo.

Lastly, it wants Zuma to be ordered to “comply with any directives” issued against him by Zondo – as well as to provide information formally requested from him in relation to Eskom and the Passenger Rail Agency of SA.

Zuma’s lawyers have not indicated whether they will oppose the inquiry’s Constitutional Court application.

They have also yet to file their promised legal review of Zondo’s refusal to recuse himself.

This is a developing story.

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