Advocate Dali Mpofu. File picture: Itumeleng English/African News Agency (ANA)
Advocate Dali Mpofu. File picture: Itumeleng English/African News Agency (ANA)

Mpofu: No business of a ’NGO and some commission’ to oppose Zuma application

By Kailene Pillay Time of article published Jul 6, 2021

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Former president Jacob Zuma’s legal counsel, advocate Dali Mpofu, spent over two hours arguing that the Pietermaritzburg High Court had full jurisdiction to grant an interim interdict to stop police from arresting him by tomorrow.

Judge Bhekisisa Mnguni has been presiding over the matter at Pietermaritzburg High Court during a virtual conference call.

Mpofu told the court that the State Capture Commission of Inquiry's opposing stance should not be taken into consideration as the interdict they were seeking had nothing to do with them.

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.

Mpofu argued that the Commission's opposition was based purely on vindictiveness.

"What really is the interest these parties are trying to protect? I've been asking myself.

"The law enforcement agencies found it necessary not to oppose," Mpofu told the court while requesting it to take "judicial notice of the fact that this matter has provoked interest of many in the country.

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

"What business is it of a NGO and some commission … to travel metaphorically to Pietermaritzburg to oppose," Mpofu added.

He 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 questioned Mpofu if they had approached the Constitutional Court to stay its arrest order. Mpofu said they did "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.

The matter is continuing to be heard.

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