ConCourt had no option but to jail Zuma — experts

The Constitutional Court (ConCourt) had no other option but to jail former president Jacob Zuma over his contemptuous defiance of the rule of law and the court itself.

This is according to legal experts and political analysts who weighed in on the matter on Tuesday as Zuma was slapped with direct imprisonment for 15 months.

Legal expert Adv Mfesane ka-Siboto said the majority of the ConCourt bench did not have much of a choice.

“The alternative sanction would have been to give him another chance through a coercive order to go and testify, but the level at which he expressed his disrespect for the court itself and his unwillingness to abide by its orders on this matter, it would have not worked.”

Ka-Siboto said Zuma, who has to report to a police station by Sunday, has no other legal avenue available.

He, however, feels that Zuma could use several avenues not to serve the full 15-month sentence after finishing a third of his sentence.

University of Cape Town law expert Prof Cathy Powell said while Zuma’s testimony was crucial to the work of the commission, his deliberate refusal to take the stand would do little to water down the evidence implicating him.

“There has already been a wide range of evidence before the commission and it is not dependent on his testimony. Yes, it would have been better for him to come and defend himself, and the likelihood is that the case against him would have been stronger when he is asked to explain himself,” she said.

Delivering Zuma’s sentence, acting deputy chief justice Sisi Kampepe said, “quantifying Zuma’s egregious conduct and arriving at an appropriate sentence was almost an impossible task” but that the court had to find a punishment that was capable of vindicating its authority.

Political analyst Mcebisi Ndletyana said greater attention would be on the arms of the state on whether they would enforce the court ruling if Zuma decided to dig in his heels and mobilise.

“Protests in his support are expected to happen. What will be watched out for is the reaction of the state to not only quell them but to ensure that the Constitutional Court's decision is carried out,” Ndletyana said.

Ndletyana said while the ruling would sharpen divisions within the ANC, it was a critical example to both society and political leaders that no-one was above the law.

NPA spokesperson Sipho Ngwema said the decision of the Constitutional Court will have no effect on Zuma's trial in the Pietermaritzburg high court in relation to the arms deal.

“I do not foresee any affect. There are people who are denied bail and who are serving time for other sentences that attend court proceedings,” Ngwema said.

“I do not foresee any affect [caused by his arrest]...In fact he will be brought by correctional services every day, at least we will be sure that he will be coming to court.”