Faizel Patel – 05/07/2021
The Helen Suzman Foundation says former President Jacob Zuma’s lawyers face an uphill battle when they ask the Pietermaritzburg high court on Tuesday to stop police from arresting him.
Zuma was found in contempt of court on last week and handed a 15 month jail term by the Constitutional Court for violating a court order ordering him to appear before the State Capture Commission and Justice Raymond Zondo.
Zuma wants the Apex Court to rescind its ruling that he spend 15 months in jail for contempt of court.
The ConCourt will hear his case on the 12th of July.
On Sunday Zuma failed to hand himself over to the police, instead speaking to hundreds of his supporters at his Nkandla Homestead, blaming everyone but himself for his predicament.
The Helen Suzman Foundation’s Anton van Dalsen says it is unlikely that the Pietermaritzburg High Court will suspend the Apex Court’s judgement.
“You cannot ask a lower court to suspend a high courts judgement, that’s not the way the courts of the law works. So that is the major problem that the lawyers of Mr. Zuma are facing.”
Dalsen says Zuma with bravado has declared over the past year that he is not interested in participating in the legal process in this matter even if there is a court order ordering him to do so.
“He’s claimed that he does this because he’s being unfairly treated by biased judges. But now that the ConCourt has ruled against him with the sentence an imprisonment, he’s now changed his tune because he immediately sent his lawyers to the courts with urgent applications to try and suspend this order.”
Dalsen says if police do not arrest Zuma, they will be in violations of the Constitutional Court order.
“Police need to make up their minds as to what they want and what they need to do. But the fact remains that there is this order of the Constitutional Court and if Mr Zuma on the basis of the current order if he is not arrested at the end of the three days of the first five days then they contravene the order of the Constitutional Court which is a very serious matter.”
Dalsen Zuma has had ample opportunity to participate in all his court hearings but refused to do so, so it remains unclear on what grounds the former president is asking for the ConCourt rescission.
Listen to the interview with Anton van Dalsen
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