Former president Jacob Zuma.
Thulie Dlamini, Gallo Images
- Lawyers for former president Jacob Zuma say he will not be appearing at the Zondo commission this month.
- Attorney Eric Mabuza accused the commission of relying on the media to determine when the former president should appear.
- He also says Zuma is currently preparing for his criminal trial.
Former president Jacob Zuma will not be able to attend the state capture inquiry between 21 and 25 September, his lawyer said.
Zuma’s attorney Eric Mabuza wrote to the Zondo commission, saying it was unfair to expect the former president to simultaneously consider evidence and affidavits of more than 30 witnesses in order to prepare himself to appear this month.
Mabuza said they needed to be afforded sufficient time to consider all the evidence, as well as consult with counsel and the former president, “in order to offer him proper advice on the way forward”.
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“We noted from the commission’s letter that rather than engage us, it has relied on the media to determine when [former] president Zuma should appear at the commission,” Mabuza said.
“We are of the view that the availability of [former] president Zuma could easily have been discussed or verified with us before the commission made its own (incorrect) assumptions about his availability or our own readiness as the new attorneys in the matter.
“We note that the commission has finally given formal notice of its intention to proceed with the application to compel [former] president Zuma to appear.]
Outcome
“It should follow that we must await the outcome of that application before we can discuss the possible appearance of [former] president Zuma at the commission,” the letter pointed out.
“We trust that the commission will engage with us regarding the dates for the hearing of the application.”
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Mabuza also said Zuma was currently preparing for his much-anticipated criminal trial, “the importance of which cannot be over-emphasised”.
He also said Zuma was engaged in several other cases which required his full attention.
It must be noted further that [former] president Zuma is also of advanced age and, given the current Covid-19 pandemic, he has been advised to limit his movements.
“This has had an impact on our own ability to consult with him in respect of the commission.”
Mabuza said future dates, including those of the pending application, should be discussed with them before they are confirmed, “lest our unavailability be interpreted as non-cooperation”.
“We note the threat that the commission ‘reserves its rights to take steps to compel the former president to appear before the commission’ and consider it unnecessary to respond to it at this stage as it does not assist the process in any way.
Disdain
“Instead, it only serves to demonstrate the disdain with which the commission’s legal team treats [former] president Zuma. We do not wish to engage in such exchange of threats as this may only taint the integrity of such an important commission.”
Mabuza also said they were instructed that the pending application to compel the former president to appear was necessitated by the commission’s “refusal to believe” that Zuma was out of the country receiving medical attention.
“As we understand it, the chairperson of the commission, Deputy Chief Justice Raymond Zondo, undertook or ruled that he would meet [former] president Zuma’s medical doctor to verify whatever he did not believe that [former] president Zuma was receiving medical attention in Cuba at the time he was asked to appear before the commission.
“We are currently instructed to deal with that application with which the commission’s legal team persists. We also await the outcome of the meeting between the chairperson and [former] president Zuma’s doctor,” he said.
“In our view, over and above other logistical difficulties we face as the new legal team, it is premature to seek to call [former] president Zuma to appear before finalising the application that is pending before the commission in respect of the commission’s own application to issue summons/subpoena against [former] president Zuma.”
Mabuza also said Zuma was seeking legal advice regarding the amended regulation – which helped facilitate the sharing of information between law enforcement agencies and the commission – and its implications on his further participation.
The regulation was amended by President Cyril Ramaphosa.
