By Lehlohonolo Lehana.
Chief Justice Raymond Zondo says sentencing former president Jacob Zuma for contempt of court after he defied an order to attend an inquiry into allegations of corruption under his presidency was the greatest test for South Africa’s judiciary.
Zondo addressed the opening session of the 2023 Judges’ Conference in North West on Tuesday morning.
This year, the Heads of Courts meets under the under the theme: ‘Towards a single, effective and fully independent Judiciary’.
The Heads of Courts include the top presiding officers from the 10 High Court divisions, the Labour and Labour Appeal Court, Supreme Court of Appeal, Electoral Court, Land Claims Court, Competition Appeal Court, the Constitutional Court and the Magistrate’s Courts.
The Judges’ conference will take place from Tuesday to Thursday, with the chief justice expected to brief members of the media on Tuesday and again on Thursday at the closing of the conference.
Zondo said, “threats were made in the media by people who did not want the ConCourt to make a decision that they believed was correct.”
Zuma was handed a 15-month sentence for contempt of court for refusing to testify at the commission of inquiry into state capture. He was released on medical parole after roughly two months. After the appellate confirmed that this was unlawful, the remainder of his sentence was remitted.
His sentencing saw an unprecedented wave of violence in KwaZulu-Natal and Gauteng, leading to the deaths of more than 300 people and billions of rands in economic losses.
Zondo said the apex court had no choice but to make a ruling it believed was correct in law.
He believes, the ruling will remain one of the most important moments in the history of the judiciary.”
Meanwhile Zuma filed papers filed to the court, he argues that President Cyril Ramaphosa’s appointment of Zondo was irrational and unconstitutional and so was the preceding step of establishing a nominations panel to shortlist candidates for the position.
Ramaphosa established the panel in September 2021, shortly before former chief justice Mogoeng Mogoeng retired. It was an unprecedented step designed to open the process of appointing a chief justice to consultation.
Four candidates were shortlisted — Zondo, Gauteng Judge President Dunstan Mlambo, Deputy Chief Justice Mandisa Maya, who was at the time the president of the supreme court of appeal, and constitutional court justice Mbuyiseli Madlanga.
The Judicial Service Commission interviewed the four candidates, and it is after its report to Ramaphosa that the process went awry. The JSC put forth Maya as its preferred candidate. Ramaphosa said he believed it had exceeded its mandate, which had simply been to comment on the relative suitability of all four candidates.
The president is not bound by its recommendations when appointing the chief justice, the deputy Chief Justice and the president and deputy president of the appellate court.
It is not clear, in political terms, why Zuma is filing this application as a precursor to taking the report of the commission of inquiry into state capture on review.Prosecutions emanating from the recommendations in the report have been slow in coming, and at 80 his chances of being jailed for corruption in that regard are slim.
Watch Live in the video below:
Video Courtesy of JRSA.