By Lehlohonolo Lehana.
The state capture commission will open a criminal case against former president Jacob Zuma for failing to appear before it last month – and will consider further action should he fail to appear again in his next appearance.
In a statement on Tuesday night, commission secretary Prof Itumeleng Mosala confirmed that inquiry chairman, deputy chief justice Raymond Zondo, had instructed him to have the case opened against Zuma.
Mosala also slammed the former president for refusing to follow a Constitutional Court order for him to appear before and – and answer questions at – the commission.
Zuma said on Monday that he would not obey that order and that he he did not fear going to prison should his decision to not co-operate be considered a violation of the law.
“If this stance is considered to be a violation of their law, then let their law take its course. I do not fear being arrested. I do not fear being convicted nor do I fear being incarcerated,” he said.
Mosala said this stance was “completely unacceptable”, and showed that Zuma “considers himself to be above the law and the Constitution”.
“With regard to Mr Zuma’s decision not to appear before the Commission during the week of January 18 to 22, 2021, as he had been required to do in terms of one of the commission’s summonses served on him, the chairperson [Zondo] has asked the secretary of the commission to lay a criminal complaint against Mr Zuma.
“In terms of one of the summonses issued by the commission, Mr Zuma is required to appear before the commission from February 15 to 19, 2021. The order of the Constitutional Court compels Mr Zuma to comply with that summons…
“Should Mr Zuma carry out his decision not to appear before the commission on February 15, 2021, and, therefore, act in breach of the summons and in contempt of the order of the Constitutional Court, the commission will announce on that day what further action it will take in regard to such conduct,” Mosala said.
He added that Zuma’s statement “made it clear” that he would not obey its summons to appear later this month, and thereby defy the Constitutional Court.
Media Statement #StateCaptureInquiry pic.twitter.com/S3qvi0NK8L
— State Capture Commission (@StateCaptureCom) February 2, 2021
Meanwhile experts believe that the decision by Zuma to snub the state capture commission which is probing allegations of state capture during his presidency will have dire implications for all parties involved, including the ANC.
In the jaw-dropping statement, Zuma alleged that for far too long the country’s judiciary had thrown out the rule of fairness and made rulings that were solely aimed at humiliating him.
He added that the commission had taken a leaf from the book of former public protector, Professor Thuli Madonsela, who he alleged during her tenure in office created a special and different approach to specifically deal with him.
ANC spokesperson Pule Mabe said while they have taken a stance not to have a running commentary on matters pertaining to the state capture commission, the governing party’s national executive committee will meet in two weeks and will “reflect on the matter”.
He admitted that “developments like this one were not anticipated.”
EFF MP Mbuyiseni Ndlozi said if Zuma does not get arrested for flouting the ruling of the highest court in the land, “we can kiss our constitutional order goodbye”.
Zuma will be arrested & jailed for defying the ConCourt! If this doesn’t happen, then we can kiss our Constitutional Order good bye! No one, not even a sitting president, must defy the highest court in the land with impunity! Do the right thing #ArrestZuma, with no hesitation!
— Mbuyiseni Ndlozi (@MbuyiseniNdlozi) February 1, 2021
Zuma will be arrested and jailed for defying the ConCourt! If this doesn’t happen, then we can kiss our constitutional order goodbye! No-one, not even a sitting president, must defy the highest court in the land with impunity! Do the right thing: arrest Zuma, with no hesitation!” he tweeted on Monday.