Former president Jacob Zuma’s application for a stay of arrest and his attempt to challenge the constitutionality of the law on contempt are definitively beyond the jurisdiction of the Pietermaritzburg high court, counsel for the Zondo commission into state capture argued on Tuesday.
It was a matter of profound concern that Zuma was in the habit of attempting to place himself outside the ambit of the legal system, he added. The latter have taken the extraordinary step of informing the office of the chief justice that they would not act on the Constitutional Court’s majority judgment pending the outcome of Zuma’s application to the apex court for recession, or fresh directives to the contrary.According to the commission, the time and place for Zuma to challenge the constitutionality of the law in terms of which he earned himself a 15-month sentence was before the apex court.
In its papers to the court, the commission has argued that Zuma’s last-ditch attempts to avoid prison in themselves constituted a further abuse of the legal process, already demonstrated by his scurrilous attacks on the authority of the courts in response to the Zondo commission’s efforts to bring him to answer to evidence implicating him in state capture.
He said Mnguni should reject the application to stay an order of a superior court because Mpofu’s version of section 172 was recklessly flawed as it did not confer jurisdiction where none was inherent in the first place.
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Cele&Sthole must be careful not to spend time in prison with this delinquent Zuma for failing to execute a Concourt order.i once saw police being locked in cells for failing to search a complainant that was carrying a firearm in court
Zuma should be in Jail already and is currently creating a president that all alleged criminals can persuade Zuma,s example ? This will cause havoc in the Judiciary with equality before the law ?
Very surprising how SA is being operated now, I don’t think the commission lawyer needed to do any submission on an interdict. They should wait for the CC for submissions not on an interdict application pending CC .
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