Constitutional Court Hears Jacob Zuma's Rescission Application

Constitutional Court Hears Jacob Zuma's Rescission Application

  • Former President Jacob Zuma's rescission application was heard by the Constitutional Court on Monday
  • Zuma was sentenced to 15-months in prison for defying the Constitutional Court's order to appear before the Zondo Commission
  • Zuma is currently being held at the Estcourt Correctional facility and is being kept under isolation for 14 days

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Former President Jacob Zuma's bid to have his 15-month sentence for contempt of court reversed was heard by the Constitutional Court on Monday.

Zuma cited health concerns in his rescission application as one of the reasons he won't be able to serve his 15-month sentence according to EWN.

Constitutional Court, Jacob Zuma, rescission application, 15-month sentence
The Constitutional Court heard former president Jacob Zuma's rescission application on Monday, 12 July. Image: Felix Dlangamandla/Foto24
Source: Getty Images

Zuma also believes the Constitutional Court erred by allowing the State Capture Commission of Inquiry to approach it directly to hear his contempt of court case, reports eNCA.

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Zuma is currently being held at Estcourt correctional facility where he is being kept on 14-day isolation as a Covid-19 precaution. Minister of Police and Correctional Services Ronald Lamola also stated that Zuma's health is being examined by doctors according to TimesLIVE.

According to News24, Zuma's legal representative spent hours explaining ConCourt how Zuma's constitutional rights under section 35 were violated. Mpofu argued that Zuma deserved a trial based on rights afforded by the constitution.

Mpofu also argued that since Zuma did not get a trial ConCourt should grant him a rescission of his sentence.

When asked by Justice Zukisa Tshiqi if there was a remedy of rescindment available to a litigant who chose not to oppose an application on purpose, Mpofu answered that plaintiffs could exercise their rights at any time during the legal process.

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Justice Tshiqi stated that Zuma was aware that there was an application for an order to hold him in contempt but he chose not to participate despite being afforded the opportunity to so.

Mpofu also argued that PW Botha was treated better by the court than Zuma and was allowed to exercise his section 35 right. Botha was criminally charged by the Truth and Reconciliation Commission after he failed to appear before it. He was given an opportunity to approach the court for an appeal.

Mpofu stated that people were entitled to their rights regardless of whether they were "bad" or had "insulted" the Constitutional Court.

He also argued that the State Capture Commission of Inquiry should have not approached the Constitutional Court if they wanted to imprison Zuma but should have done so under the Commission's Act.

The Constitutional Court will continue to hear arguments from interested parties before handing down a judgment.

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Protests abrupt across parts of South Africa over Zuma’s arrest

Briefly News recently reported that Zuma’s loyal supporters have made it known that they are not happy about his imprisonment.

The protestors demanding the release of former president Jacob Zuma have taken to the streets of KwaZulu-Natal. The protests have spread across the country and have reached as far as the East Rand in Gauteng, Briefly News reported over the weekend.

The M2 was closed in both directions on Sunday as the protest action continued to spread. The Johannesburg Metro Police Department spokesperson Wayne Minnaar reported that the protestors had blockaded the road with burning tyres.

Besides shots being fired, shops have been looted and vehicles set on fire as the tense situation continues to escalate. Several people have already been arrested during the violent protests.

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Source: Briefly.co.za

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