Following the Constitutional Court’s momentous judgment on Tuesday in which former president Jacob Zuma was sentenced to 15 months’ imprisonment, Zuma supporters are on their way to his homestead at Nkandla to plan their “resistance campaign”.
In a scathing judgment, Zuma was found guilty of contempt of court for failing to adhere to an order that he appear before the Zondo commission on state capture. He had attacked the integrity of the judiciary through his utterances, said the court. Given his “recalcitrance” and “egregious” behaviour, it was compelled to deprive him of his freedom.
All eyes are now on the response of the former president, who family members said has called an urgent meeting.
Zuma’s exact whereabouts were unconfirmed on Tuesday, with his family issuing contradictory statements, some saying he was in Nkandla and others implying he was in Zambia following the funeral of that country’s founding president, Kenneth Kaunda.
Zuma’s children Duduzile and Edward both confirmed an impending meeting and his spokesperson, Mzwanele Manyi, said that it would be there that Zuma supporters would receive their instructions.
Umkhonto we Sizwe Military Veterans Association (MK) spokesperson Carl Niehaus said supporters were en route to Nkandla in rural KwaZulu-Natal, to form a human chain around the former president.
“Resistance” was the only way forward, he said.
However, it is far from clear to what extent Zuma’s “army” of so-called MK veterans — many of them too young to have served in the ANC’s armed resistance — have the capacity and resources to mount a serious protest or threat.
Much of Zuma’s popular support in the ANC has diminished over time as the new regime under Cyril Ramaphosa has taken shape. The decision by the Constitutional Court to have the 79-year-old former president arrested comes at a time when Ramaphosa aims to root out corruption within the government and the ANC.
‘Difficult moment’
The ANC was muted in its response to the judgment, only saying it was a “difficult moment” and the matter would be discussed at an ANC national executive committee meeting this weekend. The committee is the highest decision-making body of the party between national conferences. Zuma and all other former presidents are always invited to attend as ex-officio members.
Ironically, it was Zuma himself who was forced by public protector Thuli Madonsela, reinforced by the courts, to set up the commission of inquiry into state capture. Deputy chief justice Raymond Zondo, whom Zuma refused to testify before, has since 2018 heard a multitude of witnesses’ testimonies on how state-owned enterprises served as piggy-banks for Zuma, the Gupta brothers and others.
The Zondo commission welcomed the final judgment against Zuma, saying in a statement that it was an important precedent that had now reaffirmed the principle of equality before the law.
Zuma was not present in court on Tuesday when the judgment was handed down. The court ordered him to present himself to law enforcement authorities within five days from Tuesday to begin his jail term. Failing to do so, police minister Bheki Cele and national police commissioner Khehla Sithole must make arrangements for Zuma to be arrested.
A full complement of judges, led by acting deputy chief justice Sisi Khampepe, heard argument from the state capture inquiry in March. Zuma did not oppose the proceedings and indicated no intention of participating. The court found his conduct before and during proceedings posed a “grave threat” to the rule of law because as a former head of state Zuma held significant political power which could inspire others to defy the courts.
Zuma’s defiance and the repeated “disdain for the judicial process” angered the court, which found it would be futile to hand down a suspended or coercive sentence that would have afforded him one more opportunity to submit to the authority of the commission.
“I consider a purely punitive order to be the appropriate sanction because I am alive to the reality that there is simply no hope remaining that Mr Zuma will attend the commission. At this stage, ordering and then expecting Mr Zuma’s compliance with this court’s order is akin to flogging a dead horse,” the judgment reads.
To read the full judgment, click here.
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