By Lehlohonolo Lehana.
Former President Jacob Zuma says he will not hand himself over to the police to begin the 15-month sentence handed on Tuesday by the Constitutional Court.
Zuma said this while addressing the Amazulu regiments (Amabutho) outside his home in Nkandla on Saturday afternoon, following his first public appearance since the sentence was handed down by Justice Sisi Khampempe.
In his address to the Amabutho, he made it clear he had done nothing wrong and would not be handing himself over to the police as ordered by the Apex court.
He insisted that he knew nothing about the charges related to his 15-month sentence handed by Khampepe, and took a swipe at the judiciary, warning that those in power will one day live to “regret” their decisions.
It will be difficult for me to hand myself over for imprisonment when I have done nothing wrong,” Zuma said.
“This to me is a clear indication that that lawmakers, and even maybe those that are in power do not have an idea of what it means to be in power and to be in charge of taking care of the laws.”
“When you are given power, you must not dare take that for granted, because the result of doing so could have far-reaching consequences in the country, something that can easily be prevented,’ a defiant Zuma said to loud cheers.
“I would like to remind you that even during the times when this commission was formed, I made remarks that one day there will be consequences because they were asking me to do something never before done.”
Zuma said that the whole idea of the Commission of Inquiry into allegations of State Capture was wrong.
He said South Africa was the only country in the world to ever request its officials to investigate their own government and matters of governance.
Scores of people and organisations have since descended to Nkandla in the north of KwaZulu Natal to stand in solidarity with Zuma, who was until yesterday expected to hand himself over to the nearest police station in Nkandla or in Johannesburg to begin his sentence.
However, the Constitutional Court on Saturday agreed to hear his contempt of court rescission application on Monday, 12 July 2021.
Lawson Naidoo, from the Council for the Advancement of the SA Constitution has told News24 that Zuma’s application to the apex court “does not automatically stay the implementation of the court orders” that it has already issued for his arrest and committal by the police.
The former head of state says this jail term is a “possible death sentence” and insists that the Constitutional Court should, at very least, hear evidence in mitigation of his sentence “in relation to my developing health situation”.
“At that point, I will be in a better position to adduce the expert evidence of my medical team,” Zuma said.
“That is the least humane gesture this Honourable Court may wish to undertake before possibly sentencing me to death at my age, state of health and in the middle of a deadly pandemic.”
But, should Zuma not hand himself over to the police on Sunday, Police Minister Bheki Cele and National Police Commissioner Khehla Sitole have until Wednesday to ensure that he is arrested and taken to a correctional service facility.
Zuma has sought to stay or interdict that arrest process from happening by approaching the Pietermaritzburg High Court – an application Naidoo says is “defective” because “the High Court can’t stay an order of the Constitutional Court”.
Zuma, he says, has “again received bad legal advice”, as he should have sought an urgent interdict to block his committal in the country’s highest court – as it was responsible for granting those orders in the first place.
Naidoo also contends that, should Zuma not hand himself over on Sunday, he will “technically again be guilty of contempt of the Constitutional Court”.
Meanwhile the Zulu regiment that went to Nkandla this weekend were acting in defiance of orders from the King.
In a statement late on Saturday night, Prince Mangosuthu Buthelezi said that he, along with His Majesty King Misuzulu ka Zwelithini,the Queen Mother, Her Majesty Queen Mayvis maZungu, and the Zulu Royal Family, distanced themselves from the actions of induna and Zulu regiment commander Zihogo Maguzumbela Nhleko, known to many as Mgilija who led “a group of people dressed in Zulu attire and accoutrements to Nkandla to join those who are sympathising with the former President Mr Jacob Zuma.
“Mr Nhleko did this without any instruction from the King or the Royal Family, or from me as the traditional Prime Minister to the Zulu Monarch and Nation.
“Regrettably, this is a second act of defiance by Mr Nhleko.
“On the day that the widows of His Majesty King Zwelithini ka Bhekuzulu participated in the cleansing ceremony, there was a discussion within the Royal Family, because the cleansing ceremony normally takes place simultaneously with a ritual hunt. However, since His Majesty the King was unwell and could not attend, I spoke to the Queen Mother and she opened her phone so that the family could join us. Prince Mbonisi and Princess Lindi, the siblings of the late King, were present.”
Buthelezi said it was agreed that the hunt would be postponed until the King could attend, because that is the appointed day for him to cleanse his “weapons”.