Lungani Zungu
The Constitutional Court has stuck by the decision it made in July to sentence former president Jacob Zuma to 15 months in prison, dismissing his application with costs.
Delivering the majority judgment, Justice Sisi Khampepe said Zuma failed to meet the statutory requirements for a rescission.
She described Zuma’s application as “ill-fated”.
The majority of judges said Zuma also failed to demonstrate how the order was erroneously granted.
“Mr Zuma has not met the statutory requirements of a rescission,” read the majority judgement.
“The majority has also found that he has failed to demonstrate why the order was erroneously granted.
“An applicant must show that the judgment against which the rescission is sought was erroneously granted because there existed a fact of which the court was unaware at the time.”
Khampepe said Zuma was given time to present his case in court but made a willful decision to ignore the court.
“Mr Zuma had multiple opportunities to bring his arguments to the attention of the court. That he opted not to, cannot mean that the court committed an error in granting the order,” said Khampepe.
In any event, Khampepe said the grounds advanced by Zuma had rescindable errors and devoured its merits.
The minority judgment penned by Justices Chris Jafta and Leona Theron said Zuma’s imprisonment was unconstitutional as there was no trial.
The judgment comes days after Zuma was released from the Estcourt prison on medical parole after his arrest on 7 July.
Zuma’s brother Khanya said the judgment did not mean anything to them, as Zuma was out of prison already.
“We are focusing on welcoming him home in the coming days,” he said, adding that Zuma had not yet returned to his Nkandla homestead.
The spokesperson of the JG Zuma Foundation, Mzwanele Manyi said: “We have waited for three months for this judgment. The court has put its interests ahead of the rights of the citizens of this country, including Zuma.”
ANC spokesperson Pule Mabe said the ruling respected the rule of law.
Image source: @UpdateAtNoon
