“We will not negotiate dates with witnesses. This inquiry does not negotiate dates with witnesses. The inquiry fixes the dates and people appear.”
This is what deputy chief justice Raymond Zondo said yesterday as he announced that former president Jacob Zuma must appear before the State Capture Commission from November 16th to 20th. Zuma last appeared before the commission in July 2019.
He faces a string of allegations that he enabled the Gupta family to unduly control large parts of the state and thus swindled the public purse of billions of rand.
When he appeared at the Zondo commission last year, Zuma’s testimony typically painted a picture of him as a victim of an elaborate political plot by different collaborators who had worked to destroy him over a number of decades.
He was again due to appear before Zondo this week to answer to further allegations against him, particularly relating to the questionable removal of Eskom executives in 2015.
But his legal team said it was unfair for the commission to expect him to appear when he was preparing for his corruption trial. His team further claimed that Zuma had been advised by his doctors that on account of his age, he was particularly vulnerable to Covid-19.
Although not explicitly said, Zondo’s response yesterday was a clear indication that he believed that Zuma’s reasons were not good enough and that he was seemingly stalling the commission’s work.
The former president’s tactics in this regard must be understood in the context of his historic propensity to avoid processes that seek truth and accountability.
His corruption trial is one such example.
Despite professing over the years that he wanted to have his day in court to prove his innocence, Zuma has used his political power and abused all available legal avenues to avoid answering to the charges against him.
His supporters continue to peddle a hugely discredited notion that the case is a political ploy by his detractors to silence him.
His appearance at the state capture commission is no different.
This is why we welcome Zondo’s firm stance to ensure that the commission is not undermined by a man who inherently believes he is above the law.
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