Rescission hearing: Zondo Commission wants Zuma to remain in jail

The Zondo Commission filed papers at the Constitutional Court asking it to dismiss, with costs, former president Jacob Zuma’s rescission application.

The apex court is expected to hear Zuma’s application on Monday.

The former president was sentenced to 15 months’ imprisonment after he defied its ruling to appear before the Zondo Commission and answer questions which did not implicate him in specific crimes.

After refusing to make any submissions on the sanction he should face, Zuma argued sending him to prison would amount to a “death sentence”.

He also denied being guilty of contempt.

In papers dated 9 July, commission lawyers said Zuma’s criticism of the commission in his application was “self-serving”.

“Mr Zuma’s present application makes it clear that he will not testify before Justice Zondo under any circumstances. Having adopted this attitude, Mr Zuma cannot – falsely – complain that the commission never mentioned in its papers the possibility of compliance.

“It is clear, now, with hindsight, that such an approach would have been pointless. Mr Zuma has told this court that he did not comply with the judgment of this court because he deems it to be wrong,” said the commission.

“There is no reason why the commission should be out of pocket for opposing the application. This application is wholly without merit. The founding papers repeatedly are riddled with invective and insult to the court.

It added: “Despite two judgments of this court, Mr Zuma continues to employ scandalising language against this court. When the commission filed its answering papers, Mr Zuma was in contempt in refusing to submit himself to the police according to the court order.”

Meanwhile, Zuma continues to serve his sentence, which begun this week.

On Friday, the KwaZulu-Natal High Court in Pietermaritzburg dismissed a bid by the president to have his arrest order stayed until the rescission application before the ConCourt was concluded.

Judge Jerome Mnguni found Zuma’s lawyers had approached the wrong court in their challenge of the ruling from the highest court in the land.