Former president Jacob Zuma’s demand that President Cyril Ramaphosa should reverse the decision to appoint justice Raymond Zondo as chief justice is ‘laughable’.

This is according to legal expert Dr Llewelyn Curlewis.

“It’s a bizarre and unreasonable demand. It’s impossible to meet,” he says.

Ramaphosa in April last year appointed Zondo to the top position following interviews conducted by the Judicial Service Commission (JSC).

At the time of his appointment, Zondo was the deputy chief justice.

Ramaphosa appointed Zondo despite a recommendation by the JSC that then Supreme Court of Appeal judge president Mandisa Maya was the most suitable person for the chief justice post.

According to Zuma, Ramaphosa had no legal grounds to deviate from the JSC’s recommendation.

“Our client has instructed us to demand, as we hereby do, that you reverse your illegal decision(s) to appoint Zondo as chief justice and to ignore or overlook the recommendations of the JSC.

“Such conduct was clearly in violation of your constitutional obligations conferred in terms of Section 178, read with Section 83 of the Constitution,” reads a letter from Zuma (sent through his lawers), in which he gives Ramaphosa until Thursday to fire Zondo.

However, Curlewis says there was nothing in law compelling Ramaphosa to implement the JSC’s recommendations.

“Its just a recommendation,” he adds.

As chairperson of the State Capture Commission, Zondo made an application to the Constitutional Court for Zuma to be convicted for his refusal to appear before the commission.

The ConCourt, which convicted Zuma, subsequently handed the former president a 15-month prison sentence.

However, in his letter to Ramaphosa, Zuma maintained that Zondo should not have reported him to the ConCourt as the chief justice was the one at fault given that he had ignored Zuma’s request to recuse himself as the commission’s chairperson.

“Among several other disqualifying factors is the fact that Zondo had at the time and still does continue to ignore an application brought by Zuma against his non-recusal from sitting as chairperson of the so-called State Capture Commission in respect of his appearance and/or participation in those proceedings and based on, inter alia, the previous relationships and other dealings between Zondo and Zuma.”

Curlewis says the recusal matter was no longer relevant as the commission has now concluded its hearings.

Zondo’s appointment, Curlewis explains, has already been made and Ramaphosa would violate the Labour Relations Act 66 of 1995 if he were to reverse the appointment.

“The president will not waste any of his time considering such illogical demands,” presidential spokesperson Vincent Magwenya says.