Cape Town – The Constitutional Court is on Friday expected to pronounce on the battle between former president Jacob Zuma and the State Capture Commission of Inquiry.
The apex court sentenced Zuma to 15 months in jail at the end of June, for ignoring a court order to testify before a judicial panel probing corruption during his nine-year tenure which lasted until 2018.
In July, Zuma’s legal team filed an urgent application to have his prison term rescinded, arguing that the sentence was an infringement on his right to a fair trial.
But on behalf of the State Capture Commission, Advocate Tembeka Ngcukaitobi said Zuma refused to state his case and chose to make disparaging remarks against the apex court, a report by SABC said.
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Zuma was, however, granted medical parole after serving two months of his sentence.
According to Times Live, although an order of the Constitutional Court may not be appealed, the rules of the ConCourt incorporate some rules of the Uniform Rules of Court, which apply to all other courts.
Rule 42 says a court may “rescind or vary an order or judgment erroneously sought or erroneously granted in the absence of any party affected thereby”.
The court said in a tweet on Thursday that its decision in Zuma’s application will be made on Friday at 10:00.
(1/2) Judgment on Friday, 17 September at 10h00: Is the judgment and order of the Constitutional Court, sentencing former President Zuma to imprisonment for contempt of court, rescindable? And should it be set aside? (JG Zuma v Secretary of the Judicial Commission and Others)
— Constitutional Court (@ConCourtSA) September 16, 2021
“Judgment on Friday September 17 … Is the judgment and order of the Constitutional Court, sentencing former president Zuma to imprisonment for contempt of court, rescindable? And should it be set aside?” the court said on its official Twitter account.
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EWN reported on Friday that the Jacob Zuma Foundation was hopeful the Constitutional Court will set aside the jail sentence.
“So, we are hoping that they would have reflected on their judgment is a clear indication that they did not apply their minds, in terms of the International Covenant as it were, which is domesticated in South Africa. So we hope that the judgment will make sure that Constitution supremacy is affirmed,” said the Jacob Zuma Foundation’s Mzwanele Manyi.
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Compiled by Betha Madhomu
