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Zondo — ‘Constant litigator’ Zuma is seeking to ‘delegitimise’ judiciary

8 Sep 2024

Former chief justice Raymond Zondo says that even at the height of the July 2021 unrest following Jacob Zuma’s imprisonment, ‘we could not compromise on doing the right thing. Because if we did, what would be left of our constitutional democracy?’

Former chief justice Raymond Zondo says former president Jacob Zuma has tried to delegitimise the judiciary through his litigation against him and other attacks on the work of the Bench.

Zondo spoke to Daily Maverick in a wide-ranging interview in which he reflected on his role as head of South Africa’s courts and being chairperson of the State Capture Commission of Inquiry. Zondo officially retired at the end of August and has been replaced by Justice Mandisa Maya, South Africa’s first woman chief justice.

Read more: Raymond Zondo — ‘Judges might have no choice but to take executive to court over judicial independence’

As commission chairperson, Zondo became a household name, simultaneously earning support in some sectors of society and ire in others.

Zondo had a simple explanation for why he turned into enemy Number 1 for Zuma and his supporters, who accused him of bias on several occasions.

“You know, his case is dealt with on the merits, like everyone else’s case is dealt with on the merits. It’s just a way of trying to tarnish the image of the judiciary, because he wants to delegitimise the judiciary, so that whenever the judiciary has found against him, people must think, ‘Ah, it’s this illegitimate judiciary’,” Zondo said, speaking about Zuma’s personal attacks directed at him.

Zuma has gone so far as to challenge the legality of Zondo’s appointment as chief justice. Zondo said the attacks came about because Zuma was unhappy because Zondo “insisted on doing the right thing”.

But I thought that if he wanted to be treated like everybody, he didn’t want special treatment, he would know that that is what happens to anybody in our courts, when they defy an order of court.

“I insisted on wanting him to come before the commission and account for what happened while he was president of the country. Even when he didn't want to, and I would not let go. I insisted until he decided to defy a summons, defy the commission, defy the Constitutional Court.

“I insisted that there should be consequences for him, defying the court, yes, and they are very unhappy about that. But I thought that if he wanted to be treated like everybody, he didn’t want special treatment, he would know that that is what happens to anybody in our courts, when they defy an order of court. There will be contempt-of-court proceedings and you could end up in jail,” Zondo said.

The inquiry ran over four years and saw testimony from senior government officials, business people and whistle-blowers. Zuma was among those who appeared before the commission in 2020 and challenged Zondo’s standing as commission chairperson.

When this application was dismissed, Zuma refused to appear before the commission, leading him to be found in contempt of court. In June 2021, Zuma was sentenced to 15 months in prison for contempt.

At the time of giving the order Acting Deputy Chief Justice Sisi Khampepe said she owed a duty to the Constitution and the rule of law: “ I find myself left with no option but to commit Mr Zuma to imprisonment in the hope that doing so sends an unequivocal message: in this, our constitutional dispensation, the rule of law and the administration of justice prevails.”

The decision was followed by a chaotic few weeks in which Zuma and his supporters railed against Zondo, the Constitutional Court and the judiciary as a whole.

Zuma was incarcerated on 7 July 2021, and from 8 to 19 July the country saw a period of looting in KwaZulu-Natal and Gauteng, now known as the 2021 July unrest. Many attributed the looting to anger over Zuma’s arrest; however, the SA Human Rights Commission found no evidence to link the unrest and Zuma’s incarceration, saying “it is probable that the unrest was undertaken to destabilise the economy”.

Zondo described the period of the July unrest as “quite heavy”, saying it placed significant strain on him and his family.

“There is one particular day in July 2021 when certain things happened, which I won’t describe. But connected with the unrest at that time, which really made me feel that there was a high price to pay for doing the right thing.

“But I was quite clear in my own mind, even throughout that period of unrest, that we could not compromise on doing the right thing. Because if we did, what would be left of our constitutional democracy?”

Zondo said at the time he was reminded that many people had risked their lives for the formation of South Africa’s democracy.

“It does mean that if we are to maintain this constitutional democracy, from time to time, people are going to be called upon to stand firm on certain principles. Even if it might mean some personal consequences,” he said.

Read more: July 2021 unrest report – The anatomy of the destruction of South Africans

Read more: How the reports into the July 2021 unrest let South Africa down

Zondo added that he found it strange that even though Zuma often had choice words for the judiciary, he still went to court to have disputes resolved. His lawyer, Advocate Dali Mpofu, has previously said that Zuma is treated unfairly by the courts, claiming there is a separate “Zuma law”.

“But what is very strange is that he [Zuma] is one person who runs to courts very, very often. The same courts that he says are biased against him, but he runs to them very often. He’s a constant litigant. So it’s just a way of trying to delegitimise the judiciary.

“And my message during my term of office as chief justice has been that the judiciary must just focus on doing their job in accordance with their oath of office and that’s it. He will win when he’s supposed to win, according to the Constitution and the law and evidence,” Zondo said.

Zuma returns to the KwaZulu-Natal Division of the High Court in Pietermaritzburg this week, as his arms deal case continues. Judge Nkosinathi Chili is expected to deliver reasons on why he denied a previous request from Zuma to have prosecutor Billy Downer removed from the trial.

Zuma has made two separate attempts to have Downer removed, and is also attempting to prosecute him privately for allegedly leaking Zuma’s medical records. The case resumes on 12 September. DM

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