LIVE | Zuma ordered to pay costs to commission as Constitutional Court dismisses application | News24

LIVE | Zuma ordered to pay costs to the commission as ConCourt dismisses his application

2021-09-17 11:49:00 AM

LIVE | Zuma ordered to pay costs to the commission as ConCourt dismisses his application

The Constitutional Court is delivering the long-awaited judgment on the matter surrounding former president Jacob Zuma's contempt of court ruling, and whether it is 'rescindable'.

5m agoThe Constitutional Court has dismissed former president Jacob Zuma's application to have the contempt of court judgment against him rescinded.In its majority judgment on Friday, the apex court ruled that Zuma did not meet the requirements of a rescission application and sought to reopen the merits of the contempt proceedings, which had already been disposed of.

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The court also awarded a costs order against Zuma.This was the order made in the majority judgment.There were two dissenting judgments, by Justice Leona Theron and Justice Chris Jafta.The dissenting judgment effectively found that Zuma's imprisonment should be dismissed, as the correct procedures were not followed and Zuma did not have the right to appeal, as would be the procedure in a criminal trial.

A majority decision by the Constitutional Court previously found that Zuma was in contempt of court after he ignored an order from the same court to appear before the State Capture Commission.The court sentenced Zuma to 15 months' imprisonment. - Alex Mitchley

12m agoKhampepe:"In the result, the majority of the Constitutional Court makes the following order: 1). Direct access is granted. 2). Council for the Advancement of the South African Constitution and Democracy in Action are admitted asamici curiae

. 3). The application for rescission is dismissed. 4). Mr Jacob Gedleyihlekisa Zuma is ordered to pay the costs of the secretary of the judicial commission of inquiry into allegations of state capture, corruption and fraud in the public sector including organs of state, and Raymond Mnyamezeli Zondo, [N.O.], including the costs of two counsel."

Khampepe concludes:"I hand down the judgment."22m agoConstitutional Court order handed down: Application for rescission is dismissed. Zuma is ordered to pay costs to the commission, including the cost of two counsel. - Alex Mitchley23m ago

The second judgment (dissenting) concluded that the detention was invalid and should be set aside, as it is not consistent with the Constitution, as he didn't have the right to appeal and the correct procedures were not followed. - Alex Mitchley

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24m agoKhampepe:"For all that can be said is that the predicament in which he (Zuma) now finds himself, is not the making of the court, nor does the solution lie with the court."Khampepe:"The hands of the Constitutional Court are bound and Mr Zuma himself bound them."

28m agoKhampepe:"Mr Zuma has met neither the requirements of a rescission in terms of Rule 42, subsection 1(a), nor the requirements of one as governed by the common law."Khampepe says Zuma is seeking to reopen the merits of the contempt proceedings, which have been disposed of already, the majority judgment notes.

 - Alex Mitchley31m agoThe second judgment, which is a dissenting judgment, concluded that Zuma's rights were breached. It contended that recourse (right to appeal) was required in terms of international law. It maintains that the order of the apex court is not compliant with the Constitution or international law and as such, can be rescinded.

The majority judgment disputed the relevance of international law and said it should not be mischaracterised. These laws can also not be enforced if not accepted by Parliament. - Alex Mitchley33m agoThe apex court says it would not be in the interest of justice to relax or expand on the grounds of a rescission application.

Khampepe now moves on to Zuma's conduct. She says that the majority judgment finds that Zuma's behaviour pointed to the conclusion that he resigned himself to any decision that the court had made. He wilfully refused to participate in litigation and then reopened the case when it suited him.

 - Alex Mitchley35m agoThe majority judgment also finds that there are no grounds to expand the grounds of rescission as per Zuma's arguments.The majority judgment finds that although there are circumstances which justify a rescission or expanding the grounds of such an application, there was nothing in Zuma's case that could be construed as exceptional allowing the court to consider expanding the grounds of rescission.

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 - Alex Mitchley37m agoThe Constitutional Court finds that Zuma had multiple opportunities to bring these issues to the court, but chose not to. Further, the apex court finds that Zuma's grounds for rescission are devoid of merit.The Constitutional Court concludes that Zuma's application lacks prospects of success and that he failed to provide a reasonable explanation for his default on the court order.

 - Alex MitchleyThe majority finds that Zuma also failed to demonstrate why the order was erroneously granted. - Alex Mitchley47m agoKhampepe now reads the majority judgment.Khampepe says the majority judgment found that Zuma did not meet the requirements for rescission. The majority finds that Zuma's absence cannot be disputed, but that he was not precluded as he chose not to participate.

 - Alex Mitchley50m agoKhampepe said three judgments have been penned. A majority judgment penned by Khampepe, and two dissenting judgments by Justice Theron and one by Justice Jafta.- Alex Mitchley51m agoThe Helen Suzman Foundation argued that Zuma asked the apex court to essentially review its contempt of court procedures, which it had already correctly dealt with.

Casac argued that Zuma's rescission application had not met the requirements. - Alex Mitchley53m agoThe commission also emphasised the finality of litigation. Without it, the rule of law would be undermined. - Alex Mitchley54m agoKhampepe now goes through the State Capture Inquiry's arguments in opposing the application. The commission argued that Zuma refused to participate in the proceedings, so it cannot be that the court made an error in making an order in his absence.

 - Alex Mitchley55m agoZuma had also maintained that he was not afforded an opportunity for recourse, such as an appeal, after being sentenced. - Alex Mitchley57m agoKhampepe now goes through Zuma's arguments for the rescission application. The thrust is that the apex court made errors, specifically that the order was granted in his absence, and he was sentenced to prison time without a trial.

 - Alex Mitchley58m agoKhampepe contends that while an order of the apex court cannot be appealed, it can be rescinded if it is believed that the court made an error in its order.Khampepe also refers to Zuma's application to the KwaZulu-Natal High Court, where he attempted to have the apex court order suspended, pending the outcome of the rescission application. This was dismissed by the court.

 - Alex Mitchley1h agoThe majority judgment found that Zuma's rights had not been infringed in terms of the right to trial.Khampepe says that after Zuma refused to make representations on his sentence, the majority judgment found it appropriate given the circumstances to sentence him to imprisonment.

 - Alex Mitchley1h agoGoing through the history, Khampepe repeats that Zuma elected not to oppose the proceedings.Khampepe now refers to the majority judgment that she penned and the minority judgment which found it would be unconstitutional to sentence Zuma to prison time for civil contempt proceedings.

 - Alex Mitchley1h agoKhampepe is now going through the history of the contempt of court proceedings, where the apex court found Zuma guilty and sentenced him to 15 months' imprisonment. - Alex Mitchley1h agoJustice Sisi Khampepe is delivering the ruling. She wrote the majority decision that found Jacob Zuma guilty of contempt and ordered that he be imprisoned.

 - Karyn Maughan1h agoProceedings are now under way.Justice Sisi Khampepe will deliver the Constitutional Court judgment on the rescission application by former president Jacob Zuma.1h ago(2/2) Please note that court attendance at this hand down will be limited to 35 members of the public, and 10 members of the media.

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