Staff Reporter.
The State Capture Commission has filed a responding affidavit at the Pietermaritzburg High Court, where former president Jacob Zuma has applied for an urgent interdict against his imminent arrest.
In the court documents, the secretary of the commission Professor Itumeleng Mosala provided an affidavit to motivate its opposition to Zuma’s application.
In brief, the commission has opposed the application, saying that the high court lacked the jurisdiction to entertain the matter.
The commission argued that the high court did not have the jurisdiction to stay or suspend court orders, as its jurisdiction only extended to its own orders and not any other court, particularly a higher court.
“To suggest otherwise would wholly undermine the hierarchy of our court system, as prescribed by the Constitution,” it stated.
“In the context of this case, the Constitutional Court must be left to assert its authority, as well as to deal with the applicant’s persistent attempts to undermine that court, and the judicial system as a whole.”
The commission also stated that the court application was a “continuation of the pattern of abuse” of court processes by Zuma.
“Courts should not entertain such abuse any longer,” it states.
The commission stated that Zuma’s application did not satisfy the requirements for an interim interdict.
Zuma made an urgent application to the Pietermaritzburg High Court, to interdict Minister of Police Bheki Cele and the police from arresting him. The matter will be heard at the Pietermaritzburg High Court on Tuesday.