The State Capture Commission has told the Pietermaritzburg High Court, which will hear virtually an application brought by former president Jacob Zuma on Tuesday for a stay of execution of his arrest, that the court “lacks the requisite jurisdiction to entertain this matter”.
Zuma had until Sunday to hand himself over to the Nkandla Police Station and be transported to the Westville Correctional Facility in Durban, where he is set to serve 15 months of imprisonment for contempt of court. Should he fail to hand himself over, the SA Police Service has until Wednesday to arrest him.
The other respondents in the matter to have the arrest stayed or interdicted are the police minister, national commissioner, and the president. Zuma’s senior counsel, advocate Dali Mpofu, told the media on Sunday night that all three had filed notices to abide, meaning they will accept the court’s decision.
“The applicant does not show these grounds. His rescission application bears no prospects of success because it does not even get out of the first blocks. This application for a stay should therefore not be entertained. It is, in its bare form, just a stratagem on the applicant’s part to avoid the inevitable – serving his prison sentence,” said Mosala.
In his affidavit, Mosala lists events as they unfolded, including the summons issued, when the matter appeared before the Constitutional Court, and public statements released in February and April by Zuma wherein he said he would not participate in any court proceedings or at the commission.