ConCourt dismisses Jacob Zuma's rescission application

Jacob Zuma was sent to jail for 15 months by the apex court for contempt of court after he violated the court’s order and refused to appear at the state capture commission of inquiry.

FILE: Former South African President Jacob Zuma removes his eyeglasses as he addresses the media at his home in Nkandla, KwaZulu-Natal on 4 July 2021. Picture: Emmanuel Croset/AFP

JOHANNESBURG - Former President Jacob Zuma's rescission application has been dismissed in the majority finding of the Constitutional Court.

Zuma was sent to jail for 15 months by the apex court for contempt of court after he violated the court’s order and refused to appear at the state capture commission of inquiry.

He later filed a rescission application, asking the court to review its decision.

Judge Sisi Khampepe handed down judgment on Friday.

"The majority finds that he failed to show why the judgment was erroneous. Zuma has not met the statutory requirements of a rescission."

She said the application had been dismissed with costs.

“Elected absence, like that of Zuma, constitutes more than litigious skullduggery, which does not have the effect of turning a competently granted order into one erroneously granted.”

[Judgment] CCT 52-21 JG Zuma v Secretary of the Judicial Commission of I... by Primedia Broadcasting on Scribd

Khampepe also read out a second judgment written by Justice Chris Japhta, which disagreed with the main decision.

“Since here there was no trial, the second judgment concludes that the detention was invalid as it was inconsistent with Section 12 (1b) of the Constitution, unless it constituted a reasonable and justifiable limitation.”

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While Zuma has been granted medical parole, AfriForum and the Democratic Alliance is fighting the decision by outgoing Correctional Services Commissioner Arthur Fraser.

Fraser granted Zuma medical parole despite the medical advisory board saying he did not qualify.

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