Up to Zondo Commission to decide how Zuma should be penalised for defiance - expert

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Anton van Dalsen, a lawyer with the Helen Suzman Foundation, outlines the two options available to the Zondo Commission after Jacob Zuma’s defiance of the Constitutional Court.

As the debate rages over how the Zondo commission into state capture should penalise former President Jacob Zuma for defying its summons, a legal expert said there were two options.

The second option would be the longer route of laying a criminal charge with the SAPS. That would require an investigation which would yield a docket to be taken to the National Prosecuting Authority for a decision on whether to prosecute or not. Van Dalsen said it was difficult to say which sentence a court could dish out to Zuma as sentences varied all the time.

“The commission has noted that in this situation it may institute what is called contempt of court proceedings. The commission will do so. The commission will approach the Constitutional Court and ask it to impose a term of imprisonment on Mr Zuma if it finds that he is guilty of contempt of court. It will be up to the court what it considers appropriate,” he said on Monday after Zuma refused to avail himself.

 

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