Constitutional law expert, Advocate Paul Hoffman, says former president Jacob Zuma stands very little chance of having his 15-month prison sentence set aside by the Constitutional Court.
Zuma has filed an urgent application for the rescission of the Constitutional Court ruling in which he was sentenced for contempt of court.
Zuma has until midnight on Sunday to hand himself over to police.
Advocate Hoffman says it is possible for an order that has been granted in error to be set aside but the apex court’s order to Zuma was not granted in error and it cannot be overturned.
Hoffman says he believes Zuma is trying to buy time.
“They have been given opportunities to raise questions like ill-health. Now intention is dismissive to court powers and jurisdiction over Mr Zuma and he chose to ignore the request for an affidavit setting out the litigation circumstances and instead to write a long [submission] via trial consisting of largely false accusations against the court and the Zondo commission. So I’m afraid he has made a bed and is going to have to lie in it.”
Update on the former president’s situation as deadline to go to prison looms:
The Umkhonto weSizwe Military Veterans Association (MKMVA) says Zuma’s constitutional rights have been compromised and it will not allow him to be sent to jail. MKMVA spokesperson, Carl Niehaus was speaking in Nkandla …
“All of these issues are fundamental constitutional matters which have been eroded away. Despite all of these comrades, we saw a travesty of justice happening in front of our eyes this week with that judgment of the acting chief justice, justice Sisi Khampepe.”
Support for Zuma
Zuma’s supporters have vowed to prevent law enforcement agencies from arresting the former president.
A former ANC councillor in the Nelson Mandela Bay metro, Andile Lungisa, has taken a petition to the Motherwell Magistrate Court to oppose the incarceration of Zuma.
Lungisa and supporters of the former president are demonstrating against his arrest and imprisonment.
He maintains that Zuma’s sentence goes against the constitution and as an elderly person he can be exposed to COVID-19 in prison.
“We will also petition the NEC of the ANC to say [former] president Zuma is an elderly citizen like all elderly citizens in this country, the pandemic is severe and serious and kills elderly people. That is why we have decided and joined by other comrades to take this petition to say [former] president Zuma cannot be arrested.”
