Jurist Former South Africa President Jacob Zuma sentenced to 15 months’ imprisonment for contempt of court

[Dadparvar]

The Constitutional Court of South Africa sentenced Jacob Zuma, former President of South Africa, to 15 months’ imprisonment on Tuesday after the Court found him guilty of contempt of court.

Zuma’s conviction followed his failure to comply with orders to appear before the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (Zondo Commission) to answer questions about his alleged involvement in corruption during his tenure as President from 2009 to 2018.

The Zondo Commission approached the Court for direct access on an urgent basis, stating the court that grants an order retains jurisdiction to ensure compliance with that order. It urged the Court to consider Zuma’s political standing, and what implications failing to comply with the rule of law would have, especially in encouraging others to undermine the administration of justice. Zuma however did not oppose the application or file submissions.

The Court stated:

The respondent’s conduct in defying the process lawfully issued under the authority of the law is antithetical to our constitutional order. We must remember that this is a Republic of laws where the Constitution is supreme. Disobeying its laws amounts to a direct breach of the rule of law, one of the values underlying the Constitution and which forms part of the supreme law. In our system, no one is above the law. Even those who had the privilege of making laws are bound to respect and comply with those laws. For as long as they are in force, laws must be obeyed.

The Court invited Zuma to file an affidavit on an appropriate sentence. He sent a letter to the Chief Justice making inflammatory remarks which, according to the Court, were intended to undermine the Court, portray himself as victim and gain public sympathy.

The Court considered a punitive order to be appropriate, but was mindful not to arbitrarily deprive Zuma of his physical liberty in contravention of section 12 of the country’s constitution. In a landmark move in combatting corruption in the country, the Court imposed unsuspended imprisonment of 15 months in length.

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