‘Foggy legal waters’ aid Jacob Zuma

As former president Jacob Zuma this week took another swipe at South Africa’s apex court – amid the prospect of imprisonment for contempt hanging over him – a political expert said Zuma’s stance has been made easier by the country’s slide towards “foggy legal and constitutional waters”.

In the latest of his string of letters, Zuma said he would be the “first prisoner of the Constitutional Court” if sentenced to jail – in accordance with the request by the Commission of Inquiry into State Capture, following his decision not to testify.

The court, said Zuma, did not have the jurisdiction to hear the two cases brought by Deputy Chief Justice Raymond Zondo.claiming his rights were taken away.

ALSO READ: Zuma misses ConCourt deadline to pick his contempt punishment

Wits University professor of political studies Daryl Glaser described the standoff between Zuma and the court as indicative of South Africa’s slide towards “foggy legal and constitutional waters”.

These muddied waters made Zuma’s job easier.

“Egged on by supporters who also fear accountability or are blindly loyal, he has opted for a high-stakes strategy that puts the judiciary and country in a dangerous position. He appears to be hoping his still substantial ANC and KZN support will intimidate the judiciary and state into line.

“Zuma seems to have concluded that he is untouchable. We shall soon know whether he is.

“The substance of Zuma’s legal arguments is of little interest, because of simply constituting the latest episode in the former president’s long wars of attrition to avoid having to face either a court of law or a commission of inquiry.

“He and his successive legal teams reach out for any argument that sounds vaguely plausible in order to further delay and avoid.”

University of Cape Town associate professor of public law Richard Calland said if Zuma respected the constitution and the rule of law, “he would accept this ruling”.

“It is clear that Zuma is only willing to accept judicial rulings that fall in his favour.

“When they are against him, such as now, then he resorts to unfounded allegations, seeking to undermine the legitimacy of the ruling and of the court,” said Calland.

brians@citizen.co.za