WATCH: ConCourt hears Zondo commission’s application to compel Zuma to testify

The Constitutional Court (ConCourt) on Tuesday heard an urgent application filed by the secretary of the Commission of Inquiry into State Capture to compel former president Jacob Zuma to appear before the commission.

This after a summons was issued directing Zuma to appear before the commission from 18 to 22 January 2021 and from 15 to 19 February 2021.

The summons was issued after Zuma ditched the commission’s proceedings on 19 November following Zondo’s dismissal of the former president’s application for the inquiry’s chair to recuse himself from hearing his testimony.

ALSO READ: Zondo dismayed at Zuma’s bolt from State Capture Commission

An order was also issued that Zuma’s conduct to leave the commission’s proceedings without Zondo’s permission should be declared unlawful and in breach of the Commission’s Act.

The commission has submitted to the ConCourt that a person who has been summoned to appear before Zondo has a legal duty to comply with the summons, including subjecting themselves to examination.

The commission has also submitted that the duty to answer questions when under examination at the commission stems from section 3(1) of the Commissions Act and regulations 8(1) of the act and that a failure to comply with the summons is an offence in terms of the act.

ALSO READ: Zondo dismisses Zuma’s recusal application

“The commission submits that the right to remain silent under section 35(1)(a) and 35(3)(h) of the Constitution is not available to Mr Zuma but only arrested or accused persons in criminal proceedings.”

The commission also submitted to the court that although Zuma has a privilege against self incrimination, the former president cannot rely on the privilege to avoid appearing before Zondo and refusing to answering all the questions posed to him before the inquiry.

“The commission submits that Mr Zuma’s review application of the recusal application’s dismissal has no bearing on Mr Zuma’s duty to give evidence at the commission.”

ALSO READ: Penalty or imprisonment: What awaits Zuma for ditching Zondo Commission?

(2/2) Tomorrow’s hearing will be streamed at: https://t.co/Ph9j1cNl4H (Secretary of The Judicial Commission of Enquiry into allegation of State Capture v JG Zuma) pic.twitter.com/9ZoSyuC3R1

— Constitutional Court (@ConCourtSA) December 28, 2020

Watch the proceedings below, courtesy of the SABC:

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