Is Zuma being treated unfairly? Here’s what Thuli Madonsela says

Former public protector advocate Thuli Madonsela has reacted to the debacle surrounding former president Jacob Zuma, who has launched a rescission application with the Constitutional Court to avoid going to jail.

It was essentially Madonsela’s State of Capture report that has led to the current state of affairs – she recommended the establishment of the State Capture Commission, in light of the legions of corruption allegations that were being levelled against Zuma and the controversial Gupta family at the time.

Fast forward to more than four years after releasing the damning report, so much has unfolded.

Speaking to eNCA, Madonsela was asked whether she thought Zuma was being ill-advised by his legal team, to which she said: “I certainly think so. Although, having been part of a Pabasa (The Pan African Bar Association of South Africa) panel where one of his advisors were, it became clear that at the end of the day, lawyers can take their clients to a spring where they can drink, but they can’t force them.”

Thuli Madonsela weighs in on Zuma debacle

Thuli Madonsela has said the 15-month sentence imposed on Jacob Zuma may not be ideal given his age, but added it’s the kind of hard power the Constitutional Court must enforce, to ensure adherence with the law.

One of the arguments that have arisen, in the wake of Zuma’s sentencing, is that the decision by the apex court is unconstitutional simply because the former president did not go to trial but was still found guilty of contempt. Reacting to that, Madonsela said: “It isn’t entirely true… there is an element of compliance within section 35 but certainly there’s full compliance with section 12 of the constitution.”

Remember: The matter between Zuma and the State Capture Commission is two-fold. In December 2020, the apex court heard the commission’s application to have Zuma forced to appear (he had been scheduled to appear for 5 days in January 2021)

Madonsela emphasised that Zuma was given ample opportunity to engage both the Constitutional Court and State Capture Commission – which he failed to do and instead put out several scathing attacks on both parties.

“I think ultimately we have to ask ourselves what can be aired in court through a trial, that has not been aired or that has not been given an opportunity to be heard in the current circumstances. If you can answer that question honestly, then we’d be right in arguing that a fair trial has not been granted”

Former public protector Thuli Madonsela