Jacob Zuma’s future unclear for now

Former president Jacob Zuma File picture: Doctor Ngcobo / African News Agency (ANA)

Former president Jacob Zuma File picture: Doctor Ngcobo / African News Agency (ANA)

Published Jul 7, 2021

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The jury is out on whether former president Jacob Zuma will be arrested today or whether his incarceration will be delayed until Pietermaritzburg High Court Judge Bhekisisa Mnguni hands down his judgment at the end of the week.

The Pietermaritzburg High Court heard lengthy arguments from the head of Zuma’s legal team, advocate Dali Mpofu, yesterday.

Mpofu led the team in filing two urgent applications last week to prevent Zuma’s arrest and imminent jail time.

Zuma brought an application to the Pietermaritzburg High Court to interdict the police from arresting him until his other urgent application to the Constitutional Court to rescind its contempt of court judgment is heard next week.

Zuma was supposed to hand himself over to the authorities on Sunday night, failing which the police had until Wednesday to pick him up and escort him to jail.

But in a swift move to halt his arrest, Zuma approached the Pietermaritzburg High Court and the Concourt agreed to hear Zuma’s application on July 12.

Mpofu spent over four hours arguing that the Pietermaritzburg High Court was in full jurisdiction to grant an interim interdict.

He also said the issue of jurisdiction was “a red herring” and that the court had an inherent and national jurisdiction even of other courts and tribunals.

Judge Mnguni asked Mpofu why they had not approached the Constitutional Court to stay its arrest order. Mpofu said they did not “because the applicant did not know the Constitutional Court would issue instructions on Saturday”.

“You need to put yourself where he (Zuma) was on Friday and then on Saturday,” Mpofu said.

Mpofu also argued that the state capture commission’s opposition was based purely on vindictiveness.

He said that it was actually “inappropriate” for the commission, chaired by Deputy Chief Justice Raymond Zondo, to be part of this court proceedings.

“They already got their order. It’s no skin off their nose as to when the applicant will be arrested,” he said.

The commission’s opposition was joined by the Helen Suzman Foundation.

“What business is it of an NGO and some commission… to travel metaphorically to Pietermaritzburg to oppose,” Mpofu added.

But advocate Tembeka Ngcukaitobi, who represented the commission, labelled Zuma’s attempt to stop his arrest as a “hopeless challenge” that demonstrated the former president’s attitude that he was above judicial authority.

Ngcukaitobi said that it could not be ignored that Zuma was currently in contempt of a court order as he failed to hand himself over to the police by Sunday night.

In fact, Zuma held a press briefing on Sunday evening where he publicly stated that he would not hand himself over.

Ngcukaitobi said Zuma had acted defiantly and effectively took the law into his own hands.

“The fact that he was accepted for a hearing does not mean he should not comply with a court order,” he said.

“By his conduct, Mr Zuma has placed himself above judicial authority. He has defied the Constitution,” Ngcukaitobi said.

Ngcukatobi told Judge Mnguni that Zuma was a “repetitive, recalcitrant law breaker” and was approaching the High Court to assist him in breaking the law further.

“You should reject that,” Ngcukaitobi said.

He also argued that the High Court had no jurisdiction in this case and had no power over a higher court’s decision.

“It would be wrong for this court to impose itself midstream. There is no reason for Your Lordship to catch the bus midstream,” Ngcukaitobi said.

Political Bureau

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Jacob ZumaHigh Court