Former president Jacob Zuma’s lawyers have confirmed that their client will not be appearing before the Commission of Inquiry Into Allegations of State Capture on Monday.
Zuma was scheduled to appear before the commission from 15 February 2021 to 19 February 2021.
In a letter to the commission, dated 15 February, Zuma’s lawyers said he was still waiting for the outcome of his Pretoria High Court application challenging Deputy Chief Justice Raymond Zondo’s decision in November 2020 not to rescue himself from hearing Zuma’s testimony.
The Constitutional Court (ConCourt) ruled in January that Zuma should appear before the commission and answer questions put to him, but he has vowed not to appear.
Zuma’s lawyers believe that the summons issued for their client’s appearance at the commission is irregular and not in line with the ConCourt judgment.
“Appearing before Deputy Chief Justice Raymond Zondo in the circumstances would undermine and invalidate the review application over his decision not to rescue himself.
“We also place on record that the review application was not before the Constitutional Court and, accordingly, was not considered, determined and/or adjudicated by that court,” Mabuza Attorneys said in the letter.
“We reiterate that the above should not be construed to suggest any defiance of a legal process.”
Zuma has previously said that he doesn’t fear being arrested for his defiant stance, which he has been widely criticised for.