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Malema unhappy with Concourt’s delay in delivering state capture inquiry vs Zuma ruling

Leader of the Economic Freedom Fighters Julius Malema Picture: Itumeleng English/African News Agency(ANA)

Leader of the Economic Freedom Fighters Julius Malema Picture: Itumeleng English/African News Agency(ANA)

Published Jun 10, 2021


EFF leader Julius Malema has expressed his concerns about the Constitutional Court’s delay in delivering its ruling in the matter between state capture inquiry and former president Jacob Zuma.

Malema, addressing the media in Johannesburg on Thursday, told journalists he had a problem with the time it has taken the apex court to deliver its ruling in the commission of inquiry into state capture’s bid to have Zuma jailed for two years for snubbing subpoenas to give evidence.

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“The only problem I have is with the Constitutional Court, (commission chairperson Deputy Chief Justice Raymond) Zondo ran and went to the Constitutional Court and said he has an urgent application on Zuma’s appearance before the commission. It was an urgent application until today it has not given its pronouncement on an urgent application,” Malema said.

The apex court heard the commission’s application on March 25 but it is yet to deliver its judgment.

Malema complained that when the EFF criticises the Constitutional Court’s behaviour, Council for the Advancement of the South African Constitution (Casac) accuses the party of attacking the judiciary.

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He asked: “Why did they grant Zondo an urgent application and take forever to pronounce on an urgent application? What is urgent now since they have taken long (to deliver the ruling), what is urgent?

“The granting of that urgent application, by this delay, is a clear indication that from the beginning there was nothing urgent but broerskap (brotherhood), DCJ is applying to us ’ke bra ya rena (he is our brother) we can’t be seen rejecting him’,” Malema said.

He also complained that it has been over three months that the judgment on the EFF’s bid to have the bank statements of President Cyril Ramaphosa’s CR17 ANC presidential campaign unsealed.

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The North Gauteng High Court in Pretoria heard the matter in March and Malema said the full bench indicated that the matter was of public importance and the ruling would be handed down within three months.

”It’s nice to be Cyril Ramaphosa,” said Malema, adding that the judgment was taking long because there are interesting names in the bank statements.

“If you march to demand that the Constitutional Court delivers its judgment on the urgent application they will say the corrupt are marching against a government that is fighting corruption. We are not corrupt, no court of law has ever pronounced us corrupt. Our taxes are in order, we are not corrupt, we are not being investigated by anyone. We are not scared of them,” he said.

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Malema also addressed Casac’s South Gauteng High Court bid to review and set aside the Judicial Services Commission’s (JSC’s) conduct during the April interviews in which judges Mahube Molemela, Fayeeza Kathree-Setiloane, Jody Kollapen, Rammaka Mathopo and Bashier Vally were recommended to Ramaphosa to fill two vacancies in the apex court.

Judges Dhaya Pillay, David Unterhalter and senior counsel Alan Dodson were unsuccessful.

“That's why Casac is going to court, Casac called for my removal from the JSC because I asked unpleasant questions,” JSC member Malema said in reference to Casac’s complaint to Parliament's registrar of members' interests for his grilling of Judge Pillay, during her interview, and questioning her about her friendship with Public Enterprises Minister Pravin Gordhan.

Malema also quizzed Judge Pillay about the judgment she delivered in former Cabinet minister and ANC national executive committee member Derek Hanekom’s favour against Zuma for his defamatory tweet.

“Since I arrived there (at the JSC) I have been asking questions the same way I asked that Indian lady (Judge Pillay). What is so special about that Indian judge? The only speciality about her is that she is friends Pravin (Gordhan).”