Zuma’s legal team says High Court has jurisdiction to grant prohibition to stop execution of arrest warrant – SABC News


Former President Jacob Zuma’s lawyer Dali Mpofu explained to the Pietermaritzburg High Court why it has common law jurisdiction to grant a ban on stopping the execution of the arrest warrant.

VIDEO: Zuma’s urgent request for a stay of execution of his arrest

Police Minister Bheki Cele and National Police Commissioner Khehla Sitole have already said, through the Attorney General, that they will not act on orders to arrest former President Jacob Zuma as long as he is challenged. judicial review of his 15-month prison sentence has not been finalized. The cancellation request will be examined by the Constitutional Court on Monday.

Mpofu argued that while the main request for annulment falls within the jurisdiction of the Constitutional Court, this should not prevent the High Court of Pietermaritzburg from ruling on the suspension of the execution of the arrest warrant against the former president. Zuma. Mpofu cited articles in the constitution which he said mean lower courts can act in this favor.

Zuma was due to surrender to authorities at midnight on Sunday to begin serving his 15-month sentence for contempt of court.

Mpofu has spoken out strongly against submissions from the Zondo Commission and the Helen Suzman Foundation opposing Zuma’s candidacy, calling them “uninvited busy people.”

“If the parties who are constitutionally empowered, including the president constitutionally empowered to execute the warrant have found it necessary in the interests of justice to remember the policing mandate of the Constitution, it covers the interests of justice to suspend this execution of the mandate, so what about an NGO and the Commission whose duty is to inspect or examine or investigate the state capture to oppose that the organs Constitutionalists entrusted the body with this task, ”Mpofu said.

The attorney for the State Capture Commission – Attorney Tembeka Ngcukaitobi – described Zuma as a provocative litigator and a repetitive and reluctant lawbreaker. The State Capture Commission opposes Zuma’s request.

“Mr. Zuma has yet to comply. He did not surrender to the police, the date he should have surrendered expired on Sunday. It is now two days after the expiration of this period. He doesn’t have anyone’s permission. He again took the law into his own hands. He did not request a modification of this deadline from the Constitutional Court. He did not initiate these proceedings until the expiry of the order in paragraph 5, so that then, in the context in which the Lordship approaches this matter, we are dealing with a petitioner deliberately challenging a litigant whom he is currently in contempt of this contempt of court, ”said Ngcukaitobi.

Video: Request for a stay of execution of an arrest, former pres. Jacob Zuma vs. the State Capture Commission

The Helen Suzman Foundation is also opposed to the request. Lawyer Max du Plessis- called the relief sought by Zuma “truly exceptional”, stating that higher orders such as those of the Constitutional Court are binding.

“The first misconception comes from Mr. Zuma’s legal team. They will recast him as a victim of the Constitutional Court, ”said Du Plessis.

“Mr. Zuma is not a victim. This case concerns a history of distrust of the rule of law, the repeated constitutional challenge that has been exemplified by Mr. Zuma’s deliberate election not to appear before the Commission, not to discuss and not to comply with court orders. My Lord, we say that the calculated spectacle of events, Mr. Zuma deliberately crossed the line that he knew he could not cross, ”continued Du Plessis.

Legal expert Professor Cathleen Powell criticized the state attorney’s letter to the chief justice’s office on behalf of Police Minister Bheki Cele and Police Commissioner Khehla Sitole, saying they would not act not on orders to arrest Zuma until his legal challenge is finalized next time. the week. She says Cele should have applied to court.

“Unfortunately, Bheki Cele has already taken it upon himself to overthrow the constitutional order. I understand a letter if it is legitimate for the constitutional order of the police ministry to say that it will not give effect to the order until all disputes have been settled, which is unprecedented, but this development is undermining the rule of law that Zuma himself was, ”says Powell.

Mpofu argued that Zuma’s constitutional rights were violated because he was sentenced to prison without a civil or criminal trial. Judge Jérôme Mnguni is expected to deliver his judgment in this case on Friday.

Video: Reaction to Zuma’s attempts to avoid prison: Prof. Kgothatso Shai

Video: Edward Zuma repeats his father will not be arrested

Report by Minoshni Pillay and Nonkululeko Hlophe


Thelma J. Longworth

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