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Zondo vs Zuma: Constitution promises that we're all equal before the law - DCJ

The state capture commission is opening a criminal case with the police and seeking a Constitutional Court order to compel former President Jacob Zuma to appear at the hearings.

FILE: Deputy Chief Justice Zondo during the first public hearing on state capture allegations in Johannesburg on 20 August 2018. Picture: AFP

JOHANNESBURG - The powers that former President Jacob Zuma gave to the Zondo Commission and his actions - or lack thereof - on allegations of state capture are all coming back to haunt him.

The commission is opening a criminal case with the police and seeking a Constitutional Court order to compel Zuma to appear at the hearings.

This comes after the former president left the inquiry last Thursday without being excused.

ANALYSIS: Why Judge Zondo made the right call to not recuse himself from inquiry

Deputy Chief Justice Raymond Zondo said on Monday that his decision to report Zuma to the police and the National Prosecuting Authority (NPA) was based on the Commissions Act of 1947 and the Constitution.

The Constitutional Court found once that Zuma failed to uphold the Constitution when he did not implement the remedial action of the Public Protector against him.

Now Zondo is hauling him before that court and asking it to order him to appear at the state capture commission, which he established based on the 1947 act and the Constitution.

“Any person summoned to attend and give evidence before a commission, who without sufficient cause fails to attend at a time and place specified in the summons or to remain in attendance until excused by the chairman, shall be guilty of an offence,” Zondo said.

Added to that, Justice Zondo wants a Constitutional Court order to order Zuma to submit affidavits based on the regulations that he promulgated.

“The Constitution promises all of us that we are all equal before the law. This is a principle of our Constitution that is fundamental to a society that is built upon the rule of law,” he said.

Zondo said that Zuma’s decision to leave the commission without permission while there was a valid and binding summons was a serious matter, and it impacted on the integrity of the inquiry, the rule of law, and public accountability - but will the police, the NPA and the Constitutional Court back him?

WATCH: State capture commission to lay criminal complaint against Zuma

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