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Former South African President Jacob Zuma is now set to spend time behind bars following the Constitutional Court (ConCourt), finding him guilty of contempt of court, sentencing him to 15 months imprisonment.
On Tuesday, 29 June 2021, the ruling was handed down when the ConCourt handed the former president a direct and unsuspended sentence of 15 months. The contempt charges against Zuma stem from him defying a court order to testify before the Zondo commission of inquiry, where he is implicated in corruption by several witnesses.
Justice Sisi Khampepe read out the judgment, which found that Zuma deliberately defied the court’s orders, despite being fully aware of the consequences of his action of refusing to appear before the Zondo Commission. Khampepe explained that on 28 January 2021, the ConCourt handed down judgement, ordering Zuma to appear before the commission. However, he retaliated by stating that the law and the ConCourt were politicising his case; additionally, Zuma claimed he would not be obeying the order.
Considering Zuma’s influence and political standing, it was noted that he could not be allowed to refuse compliance with legal proceedings, as this would see others attempt to follow suit.
While the former president thought he could escape without harm, Khampepe said after a series of efforts by Zuma to corrode the legitimacy of the Constitutional Court and his defiance of adhering to the court orders, the court had the authority to take action to see justice prevail.
The Constitutional Court ruled Zuma must hand himself over to police at either Nkandla police station or Johannesburg Central Police Station within five calendar days of the order to commence serving his sentence.
It has further told Zuma to report to the station commander or police officer in charge to ensure he is immediately delivered to a correctional centre to serve the sentence. If he does not hand himself over, ConCourt stated the police minister, Bheki Cele, and the national commissioner of the SAPS must ensure it happens within three calendar days.
The ruling sets a precedent as the Constitutional Court typically does not hand down punitive sentences – or order imprisonment.
Is this the first in many high-profiled cases now actioned? What are your thoughts?
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