CAPE TOWN - The Office of the Chief Justice has refused to disclose the name of the Justice responsible for issuing the directive that former president Jacob Zuma submits a 15-page affidavit ahead of jailing him for 15 months for contempt of court over his refusal to testify before State Capture Commission chairperson Justice Raymond Zondo.
Asked who signed the directive dated April 9, spokesperson for the Judiciary, Nathi Mncube told the Cape Times: “ACJ (Zondo) could not have taken a part in the matter he was cited in as a party. That is common logic.”
However, he told the Pretoria News that: “All directives from any court are signed by the registrar of the court. In this case, the registrar of the court may have received a directive from the Constitutional Court judges that were involved in the case.”
The directive had stated that “The Chief Justice” had issued the document directing Zuma to file an affidavit of no longer than 15 pages on or before April 14, 2021 on what constitutes the appropriate sanction in the event that he is found to be guilty of the alleged contempt of court, and in the event that the court deems committal to be appropriate, the nature and magnitude of sentence that should be imposed, supported by reasons.
The signatory of the directive came under the spotlight after former chief justice Mogoeng Mogoeng revealed that he never signed the document. He had been the one believed to be behind the directive before revealing on Monday that he knew nothing about it.
“I was not involved in that case. I am not going to comment on what my colleagues did. I did not write a letter,” he told told broadcaster JJ Tabane during an interview.
Mogoeng also said that while he was already on leave, all correspondence and directives that came out of the Constitutional Court were issued under the name of the chief justice.
Asked for a comment, the Jacob Zuma Foundation spokesperson, Mzwanele Manyi said they were concerned by Mogoeng’s confession that did he did not sign the document.
“We ask ourselves what it all means. We don’t know who wrote it but the fact of the matter is that Zondo was acting Chief Justice at the time. The letter came from the office of the Chief Justice.
“If the letter was not written by the chief justice then it can only be his deputy who also chaired the commission and took former president Zuma to Concourt, then wrote a letter to Zuma through the Chief Justice’s office,” said Manyi.
He said the foundation was in discussion with its lawyers to consider legal action about the matter.
“We will get advice from our lawyers and take it forward then. This is very worrying I must say,” Manyi said.
Director at School of Public Leadership at Stellenbosch University, Professor Zwelinzima Ndevu, said: “This is serious for the process leading up to the former president being jailed. I think it is important that we wait for the CJ’s office for their comments. However, if this is correct then it will mean that our justice system is in trouble.
“Accountability and fairness of the system will have to be reviewed. The DCJ’s role in the saga will have to be clarified. It will also mean miscarriage of justice for Mr Zuma. I hope the allegations are not true for the sake of our judicial system.”
Mpumelelo Zikalala of Zikalala Attorneys said: “If there is a matter to discuss it is whether those judges in the Concourt acted independently and whether there was no influence. The rules of the court do not allow the chief justice to extend the rules of the court for good reasons, however, on the issue of the arrest of the former president, the court overstepped as the sentencing was harsh.”
Political analyst Professor Sipho Seepe said: “If there is anything that should worry us deeply about the judiciary, this is it. What this means is that the entire Constitutional Court participated in misleading the country as to who wrote the letter. They did not have the courage to own up to their own plan. They knew there was something nefarious about it. So they thought let's create an impression that this comes from the former Chief Justice.
“This is disgraceful and dishonourable. The truth had a way of coming out. The misstep by the ConCourt cost this country dearly. Hundreds of lives lost can be traced to this misstep on their part. They allowed their dislike and hatred for Zuma to override even the Constitution, as Judges Jafta and Theron told them so. That is the only redeeming aspect of the whole saga that some judges shouted ”not in our name“. In this they are joined by millions of peace-loving South Africans.”
Cape Times