ConCourt issues directives to Zuma legal team and other parties on his jailing

File – 270718. Former president Jacob Zuma in the Pietermaritzburg High Court. File photo: Leon Lestrade/African News Agency (ANA)

File – 270718. Former president Jacob Zuma in the Pietermaritzburg High Court. File photo: Leon Lestrade/African News Agency (ANA)

Published Aug 7, 2021

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THE Jacob Zuma Foundation says the Constitutional Court had issued a directive to legal teams for former president Jacob Zuma to make submissions on international law and constitutional implications for his jailing.

The foundation has been saying the jailing of the former president was illegal claiming he did not receive a fair trial and his wellbeing was not considered when the Constitutional Court jailed him for contempt of court at the Estcourt Correctional Services facility last month.

Zuma was on Friday admitted to an outside hospital for a medical check-up.

"The Constitutional Court has issued directives to legal teams of Zuma and other parties to each submit a 20 page document addressing the international law and constitutional implication of his ongoing detention," said the foundation in a Tweet today.

The Constitutional Court on Saturday issued directives stating that the parties are directed to file written submissions not exceeding 20 pages.

"In light of section 39 (1) of the constitution, whether the court is obligated to consider the United Nations' International Covenant on Civil and Political Rights (covenant) when construing section 12(1)(b) and 35(3) of the Constitution.

"If it should , what implications do articles 9 and 14(5) of the covenant together with decisions of the Human Rights Committee have on the application's detention?

"The written submission must be lodged by the applicant and Democracy in Action on or before 13 August 2021, the commission, Helen Suzman Foundation and Council for the Advancement of the South African Constitution on or before 18 August 2021. Further directives may be issued," said the ConCourt in the court papers.

The Constitutional Court found Zuma guilty of contempt of court. He was sent to Estcourt Correctional Services facility in KwaZulu-Natal last month.

Correctional Service spokesperson Singabakho Nxumalo said the health of inmates was addressed under Section 35(2) of the Constitution.

Political Bureau

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