Former President Jacob Zuma will have to prove beyond a reasonable doubt that he is sick and cannot stand trial or face arrest. That is according to a Johannesburg-based legal expert, Ulrich Roux.
The Pietermaritzburg High Court questioned Zuma’s alleged sickness, after raising concerns about his medical certificate.
The court then issued a warrant of arrest against Zuma should he fail to make an appearance on 6 May when his corruption trial resumes.
“Counsel for Mr. Zuma was notified in advance in the middle of January that a sound evidence is required to justify his absence from court and without that evidence this court cannot do anything else but issue a warrant of arrest, it is not only Mr Zuma who is entitled to a speedy trial, it is accused two who also has this right. As Mr Mantswa pointed out the right of the accused are well stated in the Constitution and no one accused to be preferred over the other in a warrant of arrest. I do nothing more than what the law requires me to do in the circumstance,” this was the ruling by Judge Dhaya Pillay in the Pietermaritzburg High Court on Tuesday.
This was after former President Jacob Zuma failed to make an appearance due to ill-health.
Roux says Zuma may be off the hook at least for now but if he appears in court in May, he will have to prove beyond doubt that he is indeed ill.
“One could expect Jacob Zuma’s legal representatives to say, if he is really ill and receiving treatment, for the doctor to depose what is happening and tell us what he is suffering from and where he was receiving treatment and why he didn’t attend the court proceedings. And if they use that affidavit it should be sufficient enough to be used in court so it can cancel the warrant so that the matter can proceed. Should it not be okay with the affidavit, the court can exercise its right to call the doctor.”
Roux says that should Zuma fail to convince the court that he was indeed not well, he may find himself behind bars. Meanwhile, the African National Congress (ANC) has come out strongly in support of the former president.
Spokesperson, Pule Mabe, says Zuma is a law-abiding citizen and they shall continue to support him.
“Throughout he has always appeared to respect the laws of the republic, as a law-abiding citizen and also made himself available to the courts of the republic when required to do so and also later in May when the case will be heard again in court, they will be able to clarify all of the issues that need to be ventilated upon.”
It is not the first time Zuma has missed his legal obligations. Last week, the former President missed his third appearance before the State Capture Commission, citing illness as the reason.
Below is more information on the trial:
