Zondo vs Zuma: ConCourt questions state capture summons process

The Constitutional Court has taken issue with some of the procedures undertaken at the State Capture Inquiry, particularly in dealing with former president Jacob Zuma.

The highest court in the land heard an urgent application filed by the commission, on Tuesday, 29 December 2020, seeking to force Zuma to finally appear, following what many have labelled as delaying tactics.

Representing the commission, advocate Tembeka Ngcukaitobi explained the chain of events which led to Zuma stage his dramatic walkout in November and flatly refuse to return, accusing the commission of having already decided he was guilty.

Ngcukaitobi and Justice Chris Jaftha got into an exchange over an application to issue a summons to Zuma, filed by the commission’s evidence leaders.

Zuma had been set to return to the hot seat in November 2019 after his first appearance in July, but his ill-health meant this had to be postponed. The former president subsequently filed an affidavit opposing the summons in mid-January 2020, claiming he needed to recover until March.

Why did the Commission not initially summon to Zuma?

Ngcukaitobi said the commission’s chairperson, Deputy Chief Justice Raymond Zondo was merely affording Zuma an opportunity to explain why he could not appear as scheduled, by not issuing a summons to begin with and allow him to respond in the affidavit instead.

“Do you agree that that was not required by law, that process which the commission followed?” Justice Jaftha asked.

Ngcukaitobi responded: “No Justice Jaftha I don’t accept that because there was an application by the evidence leader to the chairperson. That application was served on Mr Zuma. Mr Zuma then exercised his rights, as he was entitled, to oppose it”

The commission’s legal counsel said Zondo was simply being fair by not first issuing a summons, which Jaftha also poked at.

“I don’t see any unfairness in the process of issuing summons. There may be unfairness in requiring the witness that has been summoned to come on a date which is not suitable to the witness. For example, if the witness is not bedridden,” the justice said.

Judgement in the matter has been reserved.

The commission is set to conclude in March 2021, however Zondo intends approaching the High Court, seeking his umpteenth extension for the proceedings, which will likely set taxpayers back a billion rand

Zuma, who has already been directly implicated by at least 34 witness who have taken the stand, is considered a key figure in the commission, which has been looking into allegations of extensive corruption during his tenure since 2018.