The Pietermaritzburg High Court is on Friday expected to deliver judgment on former President Jacob Zuma’s application to stay his prison sentence pending the outcome of his rescission application in the Constitutional Court.
The country’s apex court is expected to hear that application on Monday. It ruled last week that the former president was in contempt when he disregarded a directive that he must appear and testify at the state capture commission.
On Tuesday, Zuma’s lawyer Dali Mpofu told Judge Bhekisisa Mnguni that Zuma would be prejudiced by the sentence – but counsel for the Helen Suzman Foundation and the state capture commission opposed Zuma’s application, arguing that the Pietermaritzburg High Court did not have the jurisdiction to hear the matter.
Mpofu claimed that it was unjust for the former president to begin serving his 15-month jail term pending the outcome of his rescission application.
He argued that the fact the Constitutional Court agreed to hear Zuma’s application was an indication that he had fair prospects of success.
Mpofu further argued that a more lenient sentence would be appropriate given Zuma’s age, the COVID-19 pandemic, and his medical condition.
He explained that people should be ‘shaken’ by the fact that his client had been directly sent to jail without a trial.
Mpofu said it was irrelevant why Zuma had chosen to approach the High Court and not the Constitutional Court.
However, counsel for the state capture commission, Tembeka Ngcukaitobi, countered Mpofu’s arguments by saying Zuma had been given ample opportunity to cooperate with the apex court but failed to do so.
He argued vehemently that the former president should be imprisoned by midnight on Wednesday after he failed to hand himself over to authorities on Sunday as instructed.
He described Zuma as a recalcitrant and a deliberately defiant litigant, adding that he had taken the law into his own hands by failing to adhere to the first deadline to hand himself over.
Ngcukaitobi further argued that justices of the Constitutional Court were aware of the former president’s age and the coronavirus when they sentenced him, suggesting that it was a waste of the court’s time to entertain Zuma’s application.
Zuma began serving his sentence on Wednesday evening.
He is reportedly in high spirits, according to his daughter Duduzile Zuma-Sambudla and Justice Minister Ronald Lamola who have interacted with him since being incarcerated.
-EWN
In other news – Fear for AKA’s life as well-known SA rapper threatens to kill him
Mzansi hip-hop star AKA can never seem to catch a break even when he is mourning the love of his life, Anele Tembe. It’s no secret that the Supa Mega had people he was beefing within the industry and that did not change after he lost Anele in the most tragic way.
The people he beefed with did not utter a word about the passing, at least not on public platforms, which is commendable but we cannot say the same about Ifani. Learn More
