Johannesburg – The Constitutional Court remains the highest court in the land, despite efforts from the former president, Jacob Zuma applying for a stay of arrest at the Pietermaritzburg High Court.
This comes after Judge Jerome Mnguni said that was no higher authority in the country than the Constitutional Court, and that its decisions cannot be undermined by a lower court.
“Should this court accede to the contentions advanced on behalf of Mr Zuma, then the hierarchy will be disturbed and there will be no finality to legal decisions.
“What, in my view, this application seeks to achieve is to entangle this court in judicial adventurism (which has been strongly deprecated in constitutional democracies), and to make whimsical orders which have the effect of granting unlawful and unwarranted relief,” Judge Mnguni included in his judgment.
Judge Mnguni also said that concerns about Zuma’s health were not supported by any evidence, and the court was then not in a position to determine the nature of the harm, and to what extent it might be irreparable.
This means that Zuma will remain behind bars.
The Constitutional Court hands down it’s ruling on the rescission application on Monday.
Also read:
Jacob Zuma to remain behind bars after court dismisses his application
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