Jacob Zuma: ‘I didn’t run away’

Jacob Zuma’s legal team says the former president did not illegally leave the commission on Thursday morning.  

“I disagree (that they are in breach of the law and that Zuma committed an offence). We asked to be excused,” said Zuma’s instructing attorney Eric Mabuza.  

He said that Zuma could not stay on to be part of proceedings after the commission broke for tea as advocate Muzi Sikhakhane had already told Judge Raymond Zondo that Zuma intended taking his recusal judgment on review. 

Zondo ruled on Thursday that he would not recuse himself, saying Zuma’s team had not satisfied the legal requirements for bias.  

https://www.dailymaverick.co.za/article/2020-11-19-dismissed-judge-zondo-delivers-a-three-part-judicial-smackdown-to-jacob-zumas-recusal-bid/

Moments after Zondo delivered his judgment, Sikhakhane said: “We will excuse ourselves right now.” 

“The instruction is to review your decision when you finally give us a copy (of the judgment). The issues are not common cause [meaning there is no agreement].  

“We will complain to the JSC (the Judicial Services Commission) because you have made yourself a witness and a judge.” 

Head of the commission’s legal team, Paul Pretorius, told Zondo that “it is not up to the applicant (Zuma) to simply excuse himself – it’s your decision”. 

Pretorius added: “Notwithstanding the decision to review, the proceedings must continue. If they are excusing themselves from proceedings, Zuma is acting in defiance of the summons and (acting) unlawfully – it is up to you, chair, to decide whether the proceedings continue or are stayed pending (the application to review).”   

The commission then took its usual tea break at 11am, at which time Zuma and his team left.  

On returning from tea, Zondo looked crestfallen to find that Zuma had left.

“He is not coming back. It is a pity he has left,” Zondo said. 

“The commission will reflect on matters it needs to reflect on.”

Zuma was meant to appear again tomorrow, but Zondo cancelled the sitting on the grounds that the former president would not be there.

Meanwhile, Mabuza said their rejected application for recusal would be taken on review to the North Gauteng High Court. 

Earlier in the week, Sikhakhane told Zondo that, “Even if we lose, we will review you. If you force me to bring him (Zuma) here without a climate being created for fairness, I will put him there (in the witness chair) and he will exercise his right to say nothing.” DM