Police have no choice but to arrest Zuma, say analysts

Live television news visuals show a large police contingent moving towards former president Jacob Zuma’s homestead in Nkandla, KwaZulu-Natal, as a trickle of his supporters move to block the entrance to stop his imminent arrest as the clock ticks closer.

Police Minister Bheki Cele has until midnight to arrest the defiant Zuma, who was slapped with 15 months behind bars by the Constitutional Court and was given five days, which expired on Sunday, to hand himself over to the police.

But he has approached the Constitutional Court with a rescission application in a last-ditch effort to avoid time behind bars.

Cele and Sitole have written to the Constitutional Court asking for clarity on whether to wait for Zuma’s legal applications to be finalised first, before arresting him.

The duo has an official duty to meet the deadline to arrest Zuma and Cele vowed yesterday to do so in the absence of clarity from the Constitutional Court.

A desperate last minute appeal by Jacob Zuma’s lawyers to the Constitutional Court – after closing hours – as a strong contingent of the South African Police Service moved on Nkandla was too little, too late.

This as police quads with Nyalas and helicopters moved in from Ulundi, Eshowe, Empangeni and Durban.

“There is prejudice to the life of our client in the event of the judgment of the High Court ordering a suspension of the commital orders, alternatively the Constitutional Court, rescinding its orders,” the letter from Ntanga Nkuhlu Inc Attorneys stated.

“We understand that the Constitutional Court may direct the suspension of its orders, which if granted would be binding on the High Court, to prevent our client from being arrested prior to all legal processes being finalised. We await your urgent response.”

The letter was believed to have been sent around 6.30pm. The ConCourt closes for business at 4.30pm.

This as experts say defiant Jacob Zuma should expect no special treatment from the police or the correctional services, as government and the ruling party would not dare to act against the supreme law of the country.

Experts are also adamant that Police Minister Bheki Cele and national commissioner General Khehla Sitole could be in trouble if they fail to execute the direct order of the highest court in the land to arrest Zuma.

North-West University political scientist André Duvenhage said Cele and Sitole would be damned if they did not act and also damned if they did.

But that they were unlikely to ignore the orders of the highest court in the land.

“It is a form of insubordination if they are not executing their orders and they could lose their positions. If there is a formal decision and they do not act accordingly, they lose their jobs,” he said.

Duvenhage said there would be a strong reaction if they did not act because Zuma commanded some support, particularly in KwaZulu-Natal, and that could lead to instability.

However, he said the ruling party and government have taken a clear stance and were expected to act accordingly.

“I think the police will act. I think it is going to happen and we will deal with the political ramifications on the political scene because if the highest directive from a legal system in the country cannot be applicable, then the whole legal system is failing us.

“The supremacy of the constitution is at stake here,” Duvenhage said.

He said the former president was already perceived to be receiving special treatment, undermining the principle of equality before the law and that not arresting him would nullify the constitution and the Constitutional Court.

“The decision-making machinery has decided on the road and the state will act accordingly and take action.

“What blocked everything was the ANC [national executive committee] that did not sit on Sunday. There is a clear line and there will be political ramifications but they are not going to act against the constitution,” Duvenhage added.

Independent analyst Solly Masilela echoed this view.

“They have no choice but to arrest him. It is not ordinary that a court issues an order to execute an arrest so this shows the clear directive of the court in this matter.

“The implications are just too dire and I do not see them defying the order because they will be breaking the law themselves,” he said.

The correctional services department said its responsibility began when a person was presented to a facility as per a warrant of detention.

Spokesperson Singabakho Nxumalo said: “We have no rock stars, royalty or commoners in our system. Like everybody else, once presented to us, [Zuma] will be subjected to a risk, health, including mental and physical, vulnerability as well as safety assessment and classified. This assessment informs how best to incarcerate them.”

– siphom@citizen.co.za