Raymond Zondo Says International Law Won't Help Former President Jacob Zuma's Rescission Bid

Raymond Zondo Says International Law Won't Help Former President Jacob Zuma's Rescission Bid

  • Organisations opposing former President Jacob Zuma's application for rescission have made their submissions of arguments to the Constitutional Court
  • They are arguing that Zuma's legal representatives are interpreting International Law incorrectly and that there have been no violations made against Zuma
  • Zuma's legal team believes that the Constitutional Court has violated Zuma's human rights and as result, Zuma's conviction should be overturned

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JOHANNESBURG - Former President Jacob Zuma cannot look to International Law for assistance in getting his conviction of 15 months in prison for being in contempt of court set aside; this is according to Acting Chief Justice Raymond Zondo as well as other organisations opposing Zuma's rescission bid.

The submissions made by Zondo, the Helen Suzman Foundation and the State Capture Commission of Inquiry stated International law could not have been violated if the country's Constitution was applied in Zuma's conviction, according to TimesLIVE.

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Acting Chief Justice Raymond Zondo, International Law, Former President Jacob Zuma, Rescission Bid, Constitutional Court, contempt of court, 15-month prison sentence
Acting Chief Justice Raymond Zondo is amongst those who believe International Law cannot help former President Jacob Zuma get his sentence overturned. Images: Veli Nhlapo & Wikus de Wet
Source: Getty Images

It was also stated that South African domestic legislation provides better protection of rights than the United Nations' Political Rights and the International Covenant on Civil and Political Rights (ICCPR).

According to the ICCPR, all persons have the right to personal security and liberty. The ICCPR also states that people who have been convicted of a criminal offence have the right to have their guilty verdict and subsequent punishment reviewed by a higher court in conformity with the country's laws.

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Based on the provisions by the ICCPR, Zuma's legal representation argues that the Constitutional Court is working outside the scope of International Law and therefore has violated Zuma's rights.

However, the Helen Suzman Foundation and the Council for the Advancement of the Constitution argue that this is not the case and the Zuma's legal team is misinterpreting legislation, according to the Daily Maverick.

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The ICCPR, according to the State Capture Commission, was designed to prevent detentions that did not follow legal procedures and that was not the case in Zuma's conviction.

Constitutional Court reserves judgement in Zuma's rescission application

Briefly News previously reported on Monday 12 July that the Constitutional Court heard arguments as to why former president Jacob Zuma's appeal to have his 15-month prison sentence should be revoked for 10 hours. The Constitutional Court has reserved its judgement in Zuma's contempt of court case after hours of debate.

Advocate Tembeka Ngcukaitobi argued that Zuma's application should be dismissed because Zuma had no intention to appear before the commission and had publicly stated that he would not participate in proceedings, according to IOL.

Ngcukaitobi also stated that Zuma's argument that a prison sentence at his age and his failing health would be detrimental to him given the Covid-19 pandemic was a factor Zuma always knew about when he refused to appear before the commission.

Source: Briefly News

Authors:
Lebogang Mashego avatar

Lebogang Mashego (Current Affairs HOD) Lebogang Mashego runs the Current Affairs desk. She joined the Briefly News team in 2021. She has 6 years of experience in the journalism field. Her journalism career started while studying at Rhodes University, where she worked for the Oppidan Press for 3 years. She worked as a lifestyle writer and editor at W24 and Opera News. She graduated with a BA degree majoring in Journalism and Media Studies in 2017. She's a recipient of the INMA Elevate Scholarship. Email: lebogang.mashego@briefly.co.za