Legal teams argued that the only remedy was for Jacob Zuma to return to prison, but his advocate countered that at this late stage, it would amount to a fresh sentence. (Nic Bothma / AFP - Getty Images)
Former president Jacob Zuma has told the ANC’s top six officials that, even if he meets them as planned, he will not change his mind over his defiance of the Zondo commission on state capture.
Sources close to Zuma say he has already alerted ANC secretary general Ace Magashule that a meeting to try to convince him to alter his standpoint would be a waste of time.
The top six are still planning to meet the former president, though no date has been set. This is an attempt by the party leaders to contain a legal nightmare which could potentially see Zuma in handcuffs.
Responding to questions from the Mail & Guardian, ANC spokesperson Pule Mabe said the media and members of the public would be updated “once the outcomes of the meeting have been established”.
On Monday night Zuma issued a “final” statement in response to Deputy Chief Justice Raymond Zondo’s decision to institute contempt proceedings against him for refusing to appear before the commission of inquiry into state capture for a third time.
An insider in the negotiations between Zuma and the ANC leadership said that Zuma had not received any correspondence from the top six but that Magashule had spoken to him by phone.
“All we are waiting for is to hear from law enforcement what they plan to do. Outside of that, there is nothing anyone can do to persuade the old man. He is clear that the judiciary is highly politicised, and nothing is going to change his mind. He has already indicated this to the [secretary general],” the insider said.
An ANC national executive committee member said the top six must take a stand and persuade Zuma, but that the party should also find options outside of convincing Zuma.
“It’s a fact that we are not always going to be happy about the constitution, but there are processes where one can find recourse. Anyone who has evidence that suggests that the state has been captured, be it the judiciary, has got to present that before the commission. To accuse people outside of the commission suggests that you want a negative cloud just hanging on, but you don’t want those accusations tested.
“The ANC must take a stand and engage Zuma to at least say that they have tried. He is a very important member, so when he holds very strong views, you can’t just leave it. If he continues, there must be action taken to ensure that the ANC is seen as an organisation that has the utmost respect for the judiciary and the laws of the country.”
In KwaZulu-Natal the provincial executive committee (PEC), which has already met with Zuma to try to convince him to appear, this week said it would continue to engage him.
In his closing address to a two-day PEC lekgotla, provincial chairperson Sihle Zikalala said they would hold another meeting with Zuma.
“The ANC has taken a decision that all members of the ANC must respect the commission. It means we must engage the former president about his reservations,” Zikalala said.
Zuma’s supporters within the party’s KwaZulu-Natal regions have come out in support of both Zuma and Magashule, and have undertaken to lobby ANC structures to back his stance.
Members of the Umkhonto weSizwe Military Veterans’ Association (MKMVA) in the province and the Radical Economic Transformation Champions, led by the Durban funeral parlour owner Nkosentsha Shezi, have been gathering at Zuma’s Nxamalala home since Sunday.
They have vowed to prevent any attempt to arrest Zuma in response to the Zondo commission’s request that he be charged with contempt.
Police Minister Bheki Cele visited the Zuma homestead on Thursday, with the backing of the ANC top six. The M&G understands Cele made the visit both in his ministerial capacity and as an ANC NEC member.
Cele’s visit was aimed at trying to prevent a possible stand-off with the MKMVA members outside Zuma’s home “if and when” law enforcement visits the home, should Zuma be charged with contempt of court.
The tensions have serious implications for the ANC in the province. It is set to hold a series of regional conferences on top of having to select candidates for the local government elections and it needs to avoid the tensions over Zuma spilling over into these processes.
Zikalala said the ANC leadership “must take a lead” in ensuring that tensions over Zuma are handled “in a manner that unites the ANC”.
He said, however, that ANC members needed to tone down their rhetoric over the matter, both in person and on social media, and that the party needed to take action to ensure that they toed the line.
“There has been no consequence for those who divide the organisation, through conduct or through what they say. The time has come to enforce consequence,” he said.
Zuma’s supporters in the province are also mobilising around his court appearance on corruption charges, stemming from payments from his former financial adviser Schabir Shaik and arms dealer Thales, in Pietermaritzburg next week.
The appearance is likely to see a trial date set for Zuma and arms company Thales, his co-accused.
Mzomuhle Dube, an eThekwini branch leader who has been leading the mobilisation, said they would attend court, but in smaller numbers because of the Covid-19 restrictions.
Zuma’s lawyer, Eric Mabuza, said that “as far as I know”, the case would sit on 23 February as scheduled. The one-day hearing is expected to set a trial date for May.National Prosecuting Authority spokesperson Sipho Ngwema said it had received no indication the case would not go ahead as scheduled.
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