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Constitutional Court to hear application to force Zuma to testify before State Capture

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The Constitutional Court will hear an urgent application today to force former President Jacob Zuma to testify before the State Capture Commission.

The Commission filed an urgent application to the Constitutional Court, asking it to order Zuma to comply with a new summons to appear and give evidence in January and February 2021. Zuma walked out of the Commission without the chairperson’s permission on November 19.

This after Zuma’s failed lodged application asking for the recusal of the Deputy Chief Justice Raymond Zondo as the chair of the Commission.

Zuma believes that there is a level of bias against him and a lack of impartiality.

The relationship between Raymond Zondo and Jacob Zuma.

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The former President also made it clear that he does not believe the concept of State Capture exists, and that it is a political and not an investigative project.

The court had given Zuma until December 14 to file his answering affidavit in the matter, with the State Capture Commission being given until December 17 to file any responding papers. Zuma’s team did not file any paper meaning the hearing will be unopposed.

The Helen Suzman Foundation, CASAC, and Advocate Vuyani Ngalwana have applied to be amicus curiae.

This morning’s court application is also seeking an order declaring Zuma’s conduct unlawful and in breach of the Commission’s Act.

The Commission wants Zuma to respond to allegations made against him by more than 30 witnesses. They include former ministers and deputy ministers, former directors-General, MPS, and former executives of several State-Owned Enterprises.

Disrespect for rule of law

Meanwhile, the Director of the Council for the Advancement of the South African Constitution Lawson Naidoo says Zuma’s refusal to participate in the proceedings will be a total disrespect for the rule of law.

“It is a disrespect for and a dismissive response to the highest court in the land. But it is consistent with Mr. Zuma’s approach to all matters relating to investigations into allegations of State Capture. Whilst Mr. Zuma is under no obligation to oppose the application that has been launched by Professor Mosala on behalf of the commission of inquiry the letter could have been couched in more diplomatic terms and made it clear that the former president will abide by the decision of the court. This demonstrates that Mr. Zuma a former President the holder of the highest office in the land has no regard for the courts the judicial system and indeed for the rule of the law. ”

Additional reporting Ntebo Mokobo

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