The Constitutional Court orders former President Zuma to appear and give evidence before the Zondo Commission
29 January 2021
On 28 January 2021, the Constitutional Court handed down judgment in the matter between the Secretary of the State Capture Commission and Mr. Jacob Zuma, the former President of the Republic of South Africa.
The Secretary of the Commission launched an urgent application for direct access to the Constitutional Court following Mr. Zuma’s walk out from the Commission in November last year. The Secretary of the Commission sought various orders aimed at ensuring that Mr. Zuma complies with the Commission’s summonses and directives by appearing before the Commission and satisfactorily answering any questions put to him.
The HSF acted as amicus curiae in the case. It made submissions before the Constitutional Court concerning Mr. Zuma’s clear and unambiguous statutory duty to comply with the summonses and directives of the Commission. The HSF contended that these statutory duties are informed by the constitutional principle of equality before the law and the values of accountability and the rule of law, which permit no exceptions or exemptions from the coercive powers of the Commission.
The HSF also made submissions on the public’s right to truth concerning serious allegations of state capture, corruption and fraud, derived from the Constitution read with customary international law.