Zuma, former South African president gets 15-month jail term for contempt

In a scathing ruling, the Constitutional Court found former president Jacob Zuma guilty of contempt of court and sentenced him to a 15-month jail term, for his failure to comply with an order of SA’s apex court to testify before the state capture inquiry.

In a majority judgment read by Acting Chief Justice Sisi Khampepe, the justices argued that it would defy logic to impose a suspended sentence in response to what has been a direct and calculated assault on the judiciary and SA’s constitutional democracy.

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“There can be no doubt Zuma is in contempt of court. He failed to comply with an order of the Constitutional Court. Of course, society would receive benefit from Zuma’s testimony at the state capture inquiry, given that the maleficence happened during his term. A cohesive order that is again defied would only further impune the integrity of the Constitutional Court.

“The majority has no choice: this case is exceptional not because Zuma is being treated exceptionally, but as a result of the nature of  Zuma’s attacks on the judiciary,” Khampepe said.

The full bench, led by Khampepe, heard arguments from the state capture inquiry in March. Advocate Tembeka Ngcukaitobi for the commission urged the court to sentence Zuma to two years in jail. He discouraged the court from granting Zuma alternative relief, such as a suspended sentence or a fine.

Zuma has not opposed these contempt of court proceedings and has indicated no intention of participating in those proceedings.

The judgment by the court opens the way for the commission to force Zuma to comply with all lawfully issued summonses and directives of the commission and to appear and give evidence before it.

The Zondo commission, since it was first constituted in 2018, has heard through various testimonies from witnesses that during Zuma’s years as the head of state, his close allies — such as the controversial Gupta family used their relationship with the former president for personal enrichment.

The verdict is likely to have major implications for the country and the governing ANC as Zuma sought to portray court rulings as part of long-standing ploy to discredit him. It is a strategy that served him well when he originally faced corruption charges related to the country’s 1990s arms deal, with court appearances resembling political rallies. His strategy might also serve as a template for allies, notably secretary-general Ace Magashule, who are facing criminal charges and fighting for their political lives.

On January 28, the Constitutional Court ordered Zuma to comply with summonses to testify before Deputy Chief Justice Raymond Zondo. The ruling also directed Zuma to file affidavits and respond to questions at the commission.