A South African investigation into corruption during the time of Jacob Zuma as president will ask the Constitutional Court to impose a prison sentence on the former leader after he challenged the order to appear before the inquiry on Monday.
Supreme Court Vice President Raymond Zondo, who leads the investigation, said there was “no valid or solid reason” why Zuma should not appear in the investigation, which is investigating allegations of high-level fraud during his time in power. 2009 to 2018.
The 79-year-old man denies any wrongdoing, but has not cooperated with the commission of inquiry. He was removed from office by the African National Congress (ANC) in 2018, in an action orchestrated by allies of his successor Cyril Ramaphosa.
“The commission will make an application to the Constitutional Court, which is the court that issued the order that Zuma challenged, and will seek an order that Zuma is guilty of contempt of court,” said Zondo.
He said it would be up to the Constitutional Court – the highest in the country – to decide what to do about Zuma, with options including a fine or imprisonment.
“The commission will approach the Constitutional Court and ask him to impose a prison sentence on Mr. Zuma,” said Zondo, adding that everyone should be subject to a legal system without exceptions.
One of Zuma’s lawyers, Eric Mabuza, declined to comment when called by the Reuters news agency.
Former South African President Jacob Zuma returns to the commission of inquiry to probe the state’s capture in Johannesburg, South Africa, November 16, 2020 [File: Siphiwe Sibeko/Reuters]
In a letter on Monday, Zuma’s lawyers said his client “would not appear before the commission” that he reserved February 15-19 for his testimony.
In the two-page letter “a matter of courtesy”, Zuma’s lawyers concluded that his refusal to testify should not be “interpreted as a suggestion of challenging a lawsuit.”
ANC divisions
Zuma’s refusal came a day after the ANC emphasized the need for all its members to cooperate with the commission.
“Allowing anything else would lead to anarchy and open the floodgates easily to counter-revolution,” the ANC said in a statement on Sunday.
Fahmida Miller of Al Jazeera said Zuma’s refusal to appear in court highlighted divisions within the party, with some members still loyal to the former president.
“We know that the six main leaders of the ANC planned to see the ex-president to compel him to appear on the commission, but that really symbolizes the divisions within the party and his fight against corruption,” she said, speaking. Johannesburg.
Miller also said that Zuma’s failure to attend only proved that the commission’s critics were right.
“It really plays the part of the commission’s critics [who say] you don’t have much power and you have to go to court to find any consequence decision, ”she said.
State looting
Ramaphosa has tried to clean up the ANC’s image and restore investor confidence in Africa’s most industrialized nation since Zuma’s departure. However, he faced opposition from an ANC faction still loyal to Zuma.
The charges against Zuma include that he allowed businessmen close to him – three brothers Atul, Ajay and Rajesh Gupta – to plunder state resources and influence politics.
The Guptas, who deny wrongdoing, left South Africa after Zuma was removed from power. Zuma left the investigation in November without permission. His officials then approached the Constitutional Court to make him reappear and testify.
An attorney in charge of the investigation, Paul Pretorius, said that Zuma was implicated by the evidence of at least 40 witnesses.
“Mr. Zuma, perhaps more than anyone else is able to help the commission understand what happened in the period under review, ”said Pretorius.
“It is difficult to understand why he would need to trust the right to silence.”
Speaking near the Nkandla de Zuma estate in southern Kwa-Zulu Natal province, Edward Zuma, one of his sons, told reporters that there was a long-standing conspiracy against his father and that the investigation treated him differently from other witnesses.
Meanwhile, local media showed images of dozens of people, some wearing military clothing and ANC party clothes, holding a vigil in support of Zuma outside his farm.
The group sang and performed the “toyi-toyi” dance, a protest movement synonymous with the struggle against apartheid.