Zuma foundation relying on wrong legislation in letter slamming Zondo?

The Jacob G Zuma Foundation has launched another salvo in Deputy Chief Justice Raymond Zondo’s direction, this time accusing him of trying to get the judiciary to “bend” the law in his efforts to have the former president held in contempt of court and jailed for two years.

The foundation claims the legislation only provides for a jail term of up to six months. The problem is, it’s relying on the wrong legislation.

In a statement issued on Monday, the foundation described the move as an act of desperation aimed at getting Zuma convicted by any means.

“This desperation of the Deputy Chief Justice Zondo, abusing his position as the second in charge in the Constitutional Court, instructing his subordinates to bend the laws of the country is unprecedented. He ignores process and jurisdictions as prescribed in law, just to ensure that the Zuma state capture commission of inquiry finds President Zuma guilty by hook or crook to deliver him to some hidden masters,” it charged.

“The 1947 Act talks about six months imprisonment or 55 Pounds fine, not the two years imprisonment that the honourable judge who is chairing the commission alone suggests”.

In the proceedings in question, though, Zuma isn’t being charged under the act referred to – the Commissions Act – but with contempt of court.

Late last year, Zondo – who’s chairing the commission – eventually subpoenaed Zuma to appear before him. This after all the commission’s other efforts to get him back into the witness box after a brief appearance in 2019 had come to nought.

On the day his evidence was set to kick off, though, Zuma brought an application for Zondo to recuse himself and wound up staging a dramatic walk out after it was dismissed. So in late November, Zondo once again subpoenaed him. This time around, though, he also turned to the Constitutional Court for an order compelling Zuma to comply. And in January, he was successful.

Regardless, though, Zuma was again a no-show at his scheduled appearance last month. So now, the commission has brought an urgent application to have him held in contempt of court and jailed for two years.

Zuma’s conduct can not go unchecked

Contempt of court is a common law offence and punishable at the discretion of the court.

Constitutional law expert Paul Hoffmann, who also heads up anti-corruption lobby group Accountability Now, yesterday laughed off the foundation’s latest statement.

“In a contempt of court case, it’s not only the party bringing the case that’s interested in the outcome, but the court too,” he said.

“He [Zondo] is not bending the rules at all”.

Hoffman suggested this was the very first time in its history that the country’s apex court was faced with a situation in which an order it had issued had been deliberately disobeyed. And he said it was crucial that Zuma’s conduct not be allowed to go unchecked.

ALSO READ: Zondo commission to ask ConCourt to jail Zuma for contempt

“It makes a mockery out of the court and out of the rule of law,” he said. He also warned that it set a dangerous precedent.

In the wake of Zuma having refused to take the stand at the commission, Swifambo Rail director Auswell Mashaba has already followed suit.

“Once the rule of law is undermined by people just ignoring or defying orders made against them, you get into a situation where lawlessness prevails,” Hoffman said yesterday.

The Constitutional Court has agreed to hear the commission’s application later this month. In the meantime, Zuma has until early next week to file his response.

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