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Zuma ‘must return’ to State Capture Inquiry

Zuma ‘must return’ to State Capture Inquiry

Jacob Zuma has lost a decisive battle in the Constitutional Court of South Africa, and he will now be compelled to face the music at the State Capture Inquiry. Justice Jafta handed down a historic ruling on Thursday morning, which even dictates how Msholozi must behave once he returns for a showdown with DCJ Raymond Zondo.

It had previously been argued by Zuma’s legal team that they would not appear at the State Capture Inquiry until ConCourt had made a decision. The former president has tried every trick in the book to evade the Commission’s questions, but it seems like even the greatest escapologist of them all can’t outrun the long arm of the law. To summarise:

  • Jacob Zuma must now obey all summons set down by the State Capture Inquiry.
  • If Zondo now gives him a date to return to the Commission, Zuma has no legal choice but to comply.
  • Furthermore, ConCourt ruled that no state capture witnesses can ‘remain silent’ during questioning.
  • The right to stay silent only applies when incriminated persons have been arrested.
  • Msholozi has been ordered to pay the Commission’s costs, marking a ‘double-blow’ for the 78-year-old.

Justice Jafta did not mince his words, branding Jacob Zuma’s conduct as ‘unacceptable’:

“It is unacceptable that President Zuma is the one who frustrates the Commission’s efforts when he is the one who founded it. In all systems, no one is above the law. Therefore, Mr. Zuma should appear before the commission and is ordered to obey all summons that has been issued against him.”

“Witnesses do not enjoy a right to remain silent – only the accused persons when arrested can do that. The former president is firmly placed at the centre of investigations … It is in the interest of all South Africans that these allegations be put to rest once and for all. The former President’s conduct is a direct breach of law.”

ConCourt Justice Jafta


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