‘Zuma playing the same game since 2005’

From being too sick to being too busy, the reasons given by Jacob Zuma for being unable to appear before the Commission of Inquiry into State Capture, were nothing but flimsy delaying tactics, according to a constitutional expert.

Reflecting on a letter by Zuma’s attorneys, Zondo on Monday said reasons provided by the former president for being unable to appear before the commission included preparing for his arms deal court matter, with doctors having advised that he should limit his movements, due to his age and the Covid-19 pandemic. Zuma was also seeking legal advice on amendments of the commission’s regulations.

Zondo, however, was having none of it.

“This commission does not negotiate dates with witnesses,” warned Zondo, determined that Zuma would appear before him from 16 to 20 November – an announcement he would officially make on Monday.

Commenting on Zuma’s latest attempt to delay his appearance, Accountability Now director Advocate Paul Hoffman said the latest batch of excuses submitted via his legal team were “unconvincing”, and nothing more than “another Stalingrad tactic”.

“The arms deal matter is a complete red herring because that arms deal case is not going to run until next year,” said Hoffman.

“In any case, his defence is a bare denial. If he is going to make it as difficult as he can for the state to prove its case against him in that matter, he must know that it did not work for Shabir Shaik and should not work for him.

“It is very clear that money changed hands with (French arms manufacturer) Thales people.  I don’t know what preparation he needs to do for the case.

“Certainly, there is no reason why he cannot take time off for the preparation to come to the Zondo commission.”

Hoffman also had his doubts over whether Zuma’s health could really be as precarious as he made it out to be.

“I don’t know what sudden setback he has had, but I imagine his health is a make-wait. He simply does not want to be exposed to answering questions from evidence leaders at the commission.

“That being the case and given that there has been a history of dates seeking to accommodate and to find him, the commission is left with no alternative, but to say: ‘listen we arranged a date with you and if you are not willing to come on that date, we are going to subpoena you to come’.”

Although Zuma was not yet in contempt of the commission, failure to obey an order could see him being arrested.

“When he gets an order to come and does not come, then he is in contempt of the commission, making himself open to be arrested. Deputy Chief Justice Zondo’s response has been completely within the realms of sensible and reasonable reaction to a stonewalling and a Stalingrad tactic on the part of Zuma’s legal team.

“This was yet another Stalingrad tactic we have seen since 2005, which we all know quite well by now.”

brians@citizen.co.za

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