Zuma’s ConCourt rescission application likely to fail, warns legal expert

Legal expert Tyrone Mnguni said Jacob Zuma’s rescission application to the apex court which will be heard on Monday is likely to fail.

FILE: Former President Jacob Zuma in the Pietermaritzburg High Court where he appeared on corruption charges on 15 October 2019. Picture: AFP.

DURBAN – A legal expert has said former President Jacob Zuma should anticipate another loss as he prepares to appear before the Constitutional Court on Monday.

On Friday, the former president was dealt a blow when his bid before the Pietermaritzburg High Court to stay his arrest warrant and prison sentence were dismissed with the costs.

READ: PMB High Court dismisses Jacob Zuma's bid to stay arrest

Zuma had approached the court after he was found guilty of being in contempt of an apex court judgment that directed him to appear and participate at the state capture commission.

The commission and the Helen Suzman Foundation opposed Zuma’s legal bid before the Pietermaritzburg High Court.

They argued that the court did not have jurisdiction to rule on the matter and Judge Bhekisisa Mnguni agreed with them – saying Zuma had invoked an incorrect and unprecedented procedure.

Legal expert Tyrone Mnguni said the former president’s rescission application – which will be heard on Monday – was also likely to fail.

ALSO READ: Zuma lawyers approach ConCourt to suspend arrest warrant

“We all watched on Tv. His own lawyers told the courts that ‘we are not coming,’ they cannot say that they did not know. They knew and had the opportunity, they refused to go. So you cannot wait until judgment is then given against you then you decide: ‘Actually, I don’t like the judgment so I am going to rescind it’. So rescinding is not applicable in this matter, and you will see it on Monday.”

In the meantime, Zuma has not ruled out further action before the apex court.

In a replying affidavit filed to the institution, he says he may bring in a fresh application depending on the outcome of his rescission application.

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