Mpofu: ConCourt made fundamental rescindable errors with Zuma conviction

Advocate Dali Mpofu, representing Jacob Zuma, has argued at length on the reasons why his client should be released from jail.

Former South African president Jacob Zuma addresses his supporters in front of his rural home in Nkandla on 4 July 2021 for the first time since he was given a 15-month sentence for contempt of court. Picture: Emmanuel Croset / AFP

CAPE TOWN - President Jacob Zuma’s legal team argued that the Constitutional Court made “fundamentally rescindable errors” when it ordered his imprisonment for contempt.

Zuma wants the court to overturn its decision to convict and sentence him to 15 months in prison for being in contempt of a Constitutional Court ruling ordering him to appear before the state capture inquiry.

The former president is applying for a rescission of his sentence in the Constitutional Court on Monday.

Advocate Dali Mpofu, representing Jacob Zuma, has argued at length the reasons why his client should be released from jail.

Zuma was taken into custody before midnight on Wednesday, but Mpofu argued that the court erred when it convicted him.

He said that it violated a number of sections of the Constitution, especially Section 35 for not affording Zuma a fair trial.

"What we are saying is that this court made fundamental rescindable errors - it's just a phrase that we have coined," Mpofu said.

However, Justice Zukisa Tshiqi has asked Mpofu whether these rights should be extended to a litigant who refused to participate in the court process.

"When you take and consider not to participate in proceedings, you are reconciling yourself to whatever decision the court makes, so this is against that background that I ask this question," Justice Tshiqi said.

The hearing continues.

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