Zondo to lay criminal charge against Zuma

The chairperson of the Commission of Inquiry into State Capture, Deputy Chief Justice Raymond Zondo has announced his decision to lay a criminal charge against former president Jacob Zuma with the South African Police Service, The Citizen reports.

This after Zuma walked out on the Commission last week.

During a brief statement on Monday, Zondo confirmed that he directed the Commission’s Secretary to lay a charge after the Zuma left the commission without Zondo’s permission in the wake of his ruling on Zuma’s application for the Chair to recuse himself was dismissed.

Zondo said that he would determine the new dates that the former president should testify at the commission.

The chairperson further said he would also approach the Constitutional Court (ConCourt) for an urgent order compelling Zuma to appear before the commission in accordance with the summons issued last month.

The DCJ has instructed the secretary of the #ZondoCommission to open a criminal complaint against Jacob Zuma after he walked out of proceedings last week @TheCitizen_News

— Bernadette Wicks (Wolhuter) (@bern_wicks) November 23, 2020

Background

Zondo had previously issued a summons against Zuma to appear before the commission from 16 to 20 November.

The matter prompted Zuma to file an application in effort for Zondo to recuse himself from the commission before he could appear after he claimed that he and the deputy chief justice were friends, and that Zondo had fathered a child with a sister of one of his friends.

The former president’s lawyer Advocate Muzi Sikhakane SC told Zondo last week that he would be biased against Zuma and that Zondo was a witness and a judge in a dispute that involved Zondo.

However, Zondo denied that there was a friendship relationship between him and Zuma that would force him to recuse himself from the commission and dismissed Zuma’s application in the process.

Meanwhile, Jacob Zuma  foundation released a statement last Friday supporting Zuma’s decision to walk out of of the Commission, claiming the former president was facing criminal proceedings plotted by Zondo, assisted by Advocate Tembeka Ngcukaitobi.

DCJ says in the meantime he's going to determine new dates for Zuma to appear before the #ZondoCommission and that he will be summonsed to appear again. @TheCitizen_News

— Bernadette Wicks (Wolhuter) (@bern_wicks) November 23, 2020

The foundation had questioned the presence of Ngcukaitobi in Zondo’s chambers last Thursday.

“We are also gravely concerned at the reports that when Zuma’s legal team went to see the chairperson in chambers, they found the chairperson with Ngcukaitobi SC, whose role in the chairperson’s chambers was not explained. It is disturbing that the chairperson allowed such irregularities to occur in this matter,” reads the statement.

“We call on all supporters of Zuma as he faces criminal proceedings being plotted by the evidence leaders and the chairperson irregularly assisted by Ngcukaitobi SC, who also represents other parties appearing before the same commission.”

The Economic Freedom Fighters (EFF) leader Julius Malema criticised the foundation, saying they should know better than to expose lawyers to danger by naming them.

The National Association of Democratic Lawyers has also defended Ngcukaitobi and Advocate Paul Pretorius SC, following the foundation’s statement.