South Africa’s Constitutional Court on Thursday ordered former president Jacob Zuma to return to the Commission of Inquiry on State Capture to provide evidence as a witness to the forum.
Zuma has refused to appear before the commission as a witness due to what he believes is the alleged bias against him by the probe chairman, Deputy Chief Justice Raymond Zondo, whom he demanded to recuse himself.
When his application for Zondo’s recusal failed, the former president took his complaint to the Constitutional Court which has now ruled against him.
The court said Zuma’s continued absence from the witness stand at the commission probe would not only be in breach of the Commissions Act, but would also be in breach of an order of the highest court in the land.
The court said that Zuma should attend his next scheduled appearance on 15 February at the Zondo Commission, adding that no witness had the right to remain silent before the commission — but witnesses did have the privilege against self-incrimination.
Constitutional Court judge Chris Jafta said it was not just in the commission’s interest for Zuma to appear before the body but that there was also a “compelling public interest” to do so.
Over 30 witnesses have firmly placed the former president at the centre of allegations “so serious that, if established, a huge threat to this country’s fledgling democracy will have occurred,” Jafta said.
South Africa is “a Republic of laws where the Constitution reigns supreme,” the judge said as he handed down the judgment.
Zuma’s defence lawyers had not yet reacted to the Constitutional Court’s ruling as APA went to press.
NM/jn/APA