Zuma could be in contempt of court again, if he refuses NPA doctors’ exam

Were former president to refuse an examination by an independent doctor brought in by the state – despite there being a High Court order in place providing for as much – he could find himself in contempt of court. Again.

A News24 report on Tuesday afternoon suggested Zuma had refused such an examination, but his spokesperson, Mzwwanele Manyi, subsequently told The Citizen the report was “premature” the process had not yet reached that stage.

Also Read: Zuma hasn’t refused NPA doctors’ examination … yet – Manyi

According to News24, though, Manyi said the state was “second guessing” a medical report Zuma’s doctors had provided. And when The Citizen spoke to him, he did not rule out the possibility that the former president might still refuse examination by the state’s doctors in the future.

This despite his own legal team having agreed to an order providing for this when his corruption case was last before the Pietermaritzburg High Court in August. The order was handed down at the request of the state, after Zuma’s team had moved to postpone proceedings yet again – this time due to his having been transferred from Estcourt Correctional Services (where he is already serving a 15-month sentence for contempt of the Constitutional Court) to hospital just days before and requiring “an extensive emergency procedure”.

Zuma’s counsel, advocate Dali Mpofu SC, did not at the time object to the order.

According to legal expert and University of Pretoria lecturer Dr Llewelyn Curlewis, the former president has no grounds in law to challenge that order now.

“It’s an interlocutory decision and it’s absolutely a discretionary function of the judge to make interlocutory orders pursuant to the criminal case,” he said.

“The only remedy available to them now would be to consider a review application after the matter has been finalised based on an irregularity”.

He wasn’t convinced this would prove successful, though.

For now, Curlewis said, if Zuma didn’t comply with the order currently in place, then he could find himself in contempt of court yet again.

Also Read: Zuma guilty of contempt: Seven scathing quotes from ConCourt’s majority ruling

“And they [Zuma and his legal team] could not frown on the judge if he were to make any adverse decisions based on non-compliance with the order, because the only reasonable inference to be made would be that Zuma did not want to play ball or that he had something to hide”.

Llewelyn Curlewis

Another attempt at delaying trial?

The latest development in the drawn-out saga has prompted speculation that Zuma’s planning on moving for yet another postponement to his corruption trial at his next scheduled appearance. But Curlewis believes such a bid would likely be opposed by the state if the former president did wind up refusing its examination.

And if the court were to refuse such a bid off the back of opposition from the state, he said, this could ultimately lead to another arrest warrant being issued for Zuma and his being held in custody for the duration of his corruption case.

Curlewis also said if he were to defy one court order while already in custody for contempt of another, this could work against any plans Zuma might have to apply for early parole on his current sentence of 15 months, for which he becomes eligible after four months.

Political analyst Dr Ralph Mathekga, meanwhile, said any potential refusal to allow independent doctors to verify Zuma’s condition smelt off.

“Coming from Zuma, the problem is that we know he does not litigate in good faith,” he said. “Even if he were sick, it becomes so difficult to trust him given the history. So you have to verify”.

Were the court ultimately to force the case to go ahead in the face of another attempt to stall it, though, Mathekga was doubtful this would result in unrest like that which ripped through the country in July.

“I don’t think there is an appetite for that. I think part of the appetite was quite organic, even if it was instigated by instigators,” he said.