Zuma applies for Zondo to recuse himself from State Capture Commission

Just days before appearing before the Commission of Inquiry into State Capture, former president Jacob Zuma has filed a formal application for chairperson Deputy Chief Justice Raymond Zondo to recuse himself.

The application comes after an exchange between the commission’s secretary, Itumeleng Mosala, and Zuma’s attorney, Eric Mabuza. Mosala on Wednesday cautioned Mabuza to advise on whether his client would adhere to the summons for an appearance before the commission on 16 November.

After Mosala sent a letter requesting confirmation that the former president would indeed adhere to the summons, Mabuza retaliated, slamming the tone of the letter while accusing the commission of “bullying” Zuma.

While it took Zuma’s legal team five weeks to lodge the application since they indicated possible bias from Zondo back in October, Mosala warned Mabuza that this application was not a valid reason for Zuma to not comply with the summons.

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The commission’s spokesperson, Mbuyiselo Stemela, declined to comment.

“We are not going to comment on that,” he said.

According to legal expert Ulrich Roux, this was yet another delay tactic by Zuma, in an attempt to evade the summons.

“He [Zuma] has apparently submitted the application to recuse Zondo. That is just to stall the summons.

“One must look at the grounds due to the personal relationship going back. If he can show any bias against him by Zondo – that he won’t make an objective decision – then yes, there is merit to it,” Roux said.

Should Zuma continue to evade appearing before Zondo, the commission has the right to institute a warrant of arrest, Roux said.

“The commission has the powers to apply for a warrant of arrest for him to appear before them. That can happen.”

rorisangk@citizen.co.za

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