By Lehlohonolo Lehana.
The Constitutional Court has asked the parties involved in former president Jacob Zuma’s rescission application to make submissions on whether it is obliged to consider a United Nations (UN) covenant on civil and political rights.
Following the apex court’s majority decision to imprison Zuma for contempt of court, the former president launched a rescission application in a bid to have the judgment reversed.
The thrust of Zuma’s main argument was that his rights were violated because he was convicted and sentenced without trial for refusing to appear before State Capture Commission, despite an order to do so by the Constitutional Court.
Another bone of contention was the fact that Zuma was jailed for civil contempt of court.
The Constitutional Court, which reserved judgment in the rescission application, has now issued a new directive, dated 6 August, directing the parties to file submissions on a UN covenant, which was not relied upon by any party during application arguments.
The apex court has asked for submissions on whether it is obliged to consider the UN’s International Covenant on Civil and Political Rights when construing Sections 12(1)b and 35(3) of the Constitution. This, in light of Section 39(1) of the Constitution, which directs courts to consider international law.
Section 12(1)b speaks about the right to freedom and security of the person, which includes the right not to be detained without trial, while 35(3) details that every accused person has the right to a fair trial.
The Constitutional Court further asked that, if the covenant should be considered, what implications would it have on Zuma’s current detention?
The UN International Covenant on Civil and Political Rights covers the rights to due process and fair trial, among other civil and political rights of people.
While the covenant was part of the submissions made by parties either in favour or opposing the rescission application, it is likely that at least one of the apex court justices was interested in the covenant in relation to the matter.
It would explain why the Constitutional Court has directed that the parties make submissions.
BREAKING NEWS OF INTERNATIONAL IMPORTANCE:
The Constitutional Court has issued directives to legal teams of Former Pres JG Zuma and the other parties to each submit a 20 page document addressing the International Law & constitutional implications of his ongoing detention. pic.twitter.com/b1bUPvmrL2— JGZuma Foundation (Official) (@JGZ_Foundation) August 7, 2021
Meanwhile the Jacob Zuma foundation has indicated that it was still awaiting doctors’ reports detailing the health condition of the former president.
“Dear all, following numerous media enquiries about the state of health of [former] president Zuma, the foundation wishes to communicate to all that at this stage we are still awaiting a report from the doctors. We’ll keep you posted of the developments. Please keep him in your prayers,” the foundation said on Twitter.
This is after the Department of Correctional Services announced on Friday morning that Zuma was admitted to a hospital outside the Estcourt Correctional Centre for medical observation.
Zuma was imprisoned last month after the Constitutional Court in June found him guilty of contempt of court over his refusal to cooperate with the state capture inquiry that he set up.
The foundation said that Zuma was attending his annual medical routine check-up while the correctional services is obliged to give any prisoner or detainee the right to adequate medical treatment.