Despite protestations by his lawyers, former President Jacob Zuma’s actions over the past 18 months strongly suggest that he is not keen to testify before the State Capture Commission of Inquiry to respond to the testimony of many witnesses implicating him in State Capture-related wrongdoing. While the Commission has so far bent over backwards to accommodate Zuma, and while his many excuses not to testify have so far been effective, the Commission may finally issue summons to force him to do so. But as we are speaking about a serial litigant, Zuma, that may not be the end of the matter.
One week before he was forced to resign as president of South Africa, Jacob Zuma promulgated the regulations of the Commission of Inquiry into State Capture. Ironically, regulation 8 states that no person appearing before the Commission may refuse to answer any question on any grounds other than that the information is privileged. However, the regulations do not provide for any sanction for refusing to answer questions.
This provision is necessitated by section 35 of the Constitution, which states that every accused person has a right to a fair trial, “which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings”. The section only applies to accused persons in criminal trials, not to other hearings such as Commissions of Inquiry.
said last week that Zuma had “raised a concern regarding the implications” of this amendment, and that Zuma “is seeking legal advice on the implications thereof on his further participation”. First, they can opt for the Stalingrad option and challenge the constitutionality of the regulation that requires a witness to answer questions. While I suspect that – given the safeguards provided in the current regulations – such a challenge may not succeed, a legal challenge would help Zuma to run out the clock on the Zondo Commission, as the Commission must conclude its work within the next seven months.
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Criminal proceedings against Jacob Zuma 'won't go ahead on Tuesday'The criminal matter against former president Jacob Zuma will not go ahead as scheduled in the Pietermaritzburg high court on Tuesday, the NPA said on Monday.
Read more »
LETTER: Zuma can shun ZondoAmended inquiry rules are akin to compelling former president to make a statement, which he is not obliged to do
Read more »
Former Zuma lawyer vows to continue immigration violation fight in Namibian Supreme CourtThe Windhoek High Court in Namibia recently upheld a decision of a lower court to convict top Johannesburg advocate, Mike Hellens SC (senior counsel) for violating that country’s immigration laws in November last year.
Read more »
Criminal proceedings against Jacob Zuma 'won't go ahead on Tuesday'The criminal matter against former president Jacob Zuma will not go ahead as scheduled in the Pietermaritzburg high court on Tuesday, the NPA said on Monday.
Read more »
LETTER: Zuma can shun ZondoAmended inquiry rules are akin to compelling former president to make a statement, which he is not obliged to do
Read more »
OP-ED: Politics, power and patents: ‘Desperate diseases require desperate measures’If we reimagine the patent and intellectual property global order and system, access for the most vulnerable and the most at risk of ill-health has to become a key feature of that system.
Read more »