With only seven months to complete his mammoth state capture inquiry, deputy chief justice Raymond Zondo has ordered Jacob Zuma to appear before him in September to answer questions about his alleged role in looting and corruption during his presidency.
Inquiry lawyers are also preparing to make an argument to Zondo that he should issue a subpoena to legally compel Zuma to appear, or face the possibility of arrest for contempt. A person found guilty of deliberately defying a subpoena can face a fine or six months in jail.
In a letter sent to Zuma’s attorney Eric Mabuza on behalf of inquiry evidence leader Paul Pretorius, the commission’s acting secretary Bridgette Shabalala says it is “important and urgent that the application brought by the commission’s legal team for the chairperson to authorise the issuing of a summons against Mr Zuma, which has been pending for a number of months, be determined without delay.
“The matter is ripe for hearing. You will soon be notified of the date when that application will be heard.”
Commission spokesperson Mbuyiselo Stemela did not respond to requests for clarification on when the inquiry’s application for the Zuma subpoena would be argued.
Mabuza declined to comment and said Zuma’s legal team would respond directly to the commission.
Letters sent from the inquiry to Zuma’s lawyers also reveal that the former president has not provided the inquiry with any sworn statements about his response to the allegations against him under oath by 30 witnesses, despite his lawyers agreeing that he would do so in July 2019.
As a result, Shabalala told Zuma’s legal team the inquiry’s lawyers no longer believed they were obliged to identify the “areas of interest” the former president would be asked to address.
Zuma will face questions about the evidence given by, among others, former finance ministers Nhlanhla Nene and Trevor Manuel, public enterprises minister Pravin Gordhan, former Bosasa COO Angelo Agrizzi, mineral resources minister Gwede Mantashe, health minister Zweli Mkhize and former Passenger Rail Agency of SA chair Popo Molefe.
He will also be asked to respond to the testimony given by “Mr Y”, a State Security Agency member who gave evidence alleging that intelligence protection services were irregularly provided to key Zuma allies, including former SAA chair Dudu Myeni.
Through Shabalala, Zondo has also told Zuma’s lawyers that in order for him to meet with the former president’s doctor over his alleged “serious” medical issues, which resulted in him not attending previous inquiry hearings, “it will be necessary that an appropriately qualified doctor should attend that meeting”. But the hearing in September is not dependent on the meeting with Zuma’s medical team taking place.
Zondo’s directives come as Zuma’s lawyers are due on Friday to challenge an estimated R10m personal costs order given against him by the high court in Pretoria after he failed to interdict and later review then public protector Thuli Madonsela’s “state of capture” report. That report led to the establishment of the Zondo inquiry.
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