Consitution rules supreme over ConCourt, Zuma's legal team argues

Zuma wants the Constitutional Court to rescind his 15-month sentence, it slapped on him earlier this month.

Former President Jacob Zuma at the state capture commission on 17 July 2019. Picture: Abigail Javier/EWN.

JOHANNESBURG -Former President Jacob Zuma's legal team has argued the country’s Constitution rules supreme even over the Constitutional Court.

He's fighting his 15-month prison term. Zuma wants the court to rescind the sentence, it slapped on him earlier this month.

His legal representative Dali Mpofu told the court on Monday that Zuma’s constitutional rights had been violated and the court made what he called “fundamentally rescindable errors”.

Zuma's been behind bars for four days and he's desperately hoping his sentence will be scrapped.


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Mpofu has told the court the case would, for the first time, illustrate that the Constitution was supreme.

“It is the Constitution that is supreme not the Constitutional Court. The Constitutional Court is, of course, the most important body when it comes to our constitutional framework, but the court itself is an entity that is subject to the Constitution.”

Mpofu believes there’s nothing extraordinary or unique in accusing a court of breaching the Constitution.

“So, there’s nothing extraordinary in accusing a court - so to speak - of breaching Section 35 of the Constitution, it happens all the time. The peculiar thing here is that the court in question happens to be the Constitutional Court.”

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