By Lehlohonolo Lehana.
The Constitutional Court has dismissed former president Jacob Zuma’s application to have the contempt of court judgment against him rescinded.
In its majority judgment on Friday, the apex court ruled that Zuma did not meet the requirements of a rescission application and sought to reopen the merits of the contempt proceedings, which had already been disposed of.
Justice Sisi Khampepe delivered the three judgments.
The majority judgment found that Zuma’s application failed to convince that court that its decision to find him guilty of contempt and to sentence him to 15 months in prison was erroneous.
Zuma made the application in July with the hope that his sentencing will be found unconstitutional.
“He knew the relief the commission sought, despite this he elected not to participate. The majority emphatically rejects any suggestion that litigants can be allowed to butcher judicial of their own will judicial processes only to later plead the absent victim,” said Khampepe.
“Elected absence like that of Mr. Zuma constitutes more than litigious skullduggery which does not have the effect of turning a competency granted order into one erroneously granted.”
Zuma has been ordered to pay the costs of the secretary of the judicial commission of inquiry into state capture, the chairperson Raymond Zondo and two lawyers.
The second judgment maintains that the order of the court was unconstitutional and does not comply with international law, citing the International Covenant on Civil and Political Rights (ICCPR).
The majority judgment disagreed, stating that South African courts are not obliged to prefer a position taken in international law.
“The majority emphasis that the status of international law must not be mischaracterised and disputes the relevance of the ICCPR to a rescission application launched in a South African court. In a dualist legal system like South Africa’s, international treaties do not create rights and obligations capable of being enforced domestically unless they are incorporated by Parliament,” said Khampepe.
It was the latest legal setback for the 79-year-old anti-apartheid veteran from the ruling African National Congress, whose presidency between 2009 and 2018 was marred by widespread allegations of corruption and malfeasance. He denies wrongdoing.
The department of correctional services has since placed Zuma on medical parole earlier this month after surgery following his hospitalisation in August. That decision is being challenged by the opposition Democratic Alliance.
Zuma faces 16 counts of fraud, corruption and racketeering related to the 1999 purchase of fighter jets, patrol boats and equipment from five European arms firms when he was deputy president.
He is accused of taking bribes from one of the firms, French defence giant Thales, which has been charged with corruption and money laundering.
Meanwhile Zuma’s foundation has labelled the dismissal of the 79-year-old’s rescission application as “a travesty of justice”.
The Jacob G Zuma Foundation spokesperson Mzwanele Manyi said they were disappointed by the ConCourt’s ruling.
“This judgment is almost three months late so that alone is a travesty of justice. We believe that justice delayed is justice denied.”
The court decided to take it upon itself to say the right of [former] president Zuma as enshrined in the Constitution are competent to be waived. And they have waived those rights and decided it’s more important to prioritise the dignity of the court.