Johannesburg – The Zondo Commission of inquiry into state capture has called for the arrest of former president Jacob Zuma, saying his application to rescind his 15 months sentence to the Constitutional Court does not suspend his arrest.
The Constitutional Court had ordered that Zuma hand himself over to the police by Sunday, failing which he be arrested by tomorrow.
But Police Minister Bheki Cele has since indicated, through the office of the State Attorney, that they would wait for Zuma’s applications to courts to be heard first before arresting him.
The Pietermaritzburg High Court was on Tuesday hearing Zuma’s application to stay his arrest while the country’s apex court, the Constitutional Court, would hear his bid to rescind his sentence on Monday.
The State Attorney said it would await Acting Chief Justice Raymond Zondo to clarify whether the order to arrest Zuma should be executed given that the Constitutional Court has agreed to hear his application.
The commission’s legal representative, Advocate Thembeka Ngcukaitobi SC, told the high court that Zuma’s application did not suspend his arrest.
Ngcukaitobi slammed Cele’s reasoning as “non-sensical”.
“There is no clarity needed from the Constitutional Court. The order is manifest. The order is operative,” he said.
“Mr Zuma is under a duty to comply with the court order,” he added.
Ngcukaitobi noted that Zuma had publicly stated that he would not comply with the order that he hand himself to the police. He warned that the constitution would be reduced to a “paper tiger” if the court order we not complied with.
“By his conduct, Mr Zuma has placed himself above judicial authority. He has defied the constitutional court,” he said.
Ngcukaitobi said the high court did not have jurisdiction to suspend an order of the highest court in the land, the Constitutional Court.
He said Zuma and his legal team knew that the application for the stay of his arrest was supposed to be made to the Constitutional Court, which issued the order.
Meanwhile, the ANC’s national executive committee has affirmed a decision to dissolve Zuma’s staunch supporters, the Umkhonto We Sizwe Military Veterans Association (MKMVA).
The ruling party held a special meeting of its NEC on Monday, to react to scenes outside Zuma’s homestead at the weekend.
The party condemned what they said was attempts at “ethnic mobilization” by some people and “counter-revolution” by MKMVA.
“The meeting stressed that it must always be clear that the interests of an individual cannot take precedence over or jeopardize the interests of our democracy,” a statement of the party reads.
“The NEC herby reaffirms that all democratic institutions, including the judiciary and law enforcement agencies, shall always be defended from political attacks so that they do their work without fear, favor, or prejudice,” the party added.
Also read:
President’s daughter a vandal after ripping expensive clothes to shreds, claims ex
CR17 ruling inflames hostilities between Maimane, Steenhuisen
Zuma is our hero — say police at Nkandla
Guptas stranded in Dubai as SA refuses to issue new passports
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here.
Sunday World
