Durban – Chief Justice Mogoeng Mogoeng has called on former president Jacob Zuma to file an affidavit no longer than 15 pages by Wednesday, detailing what the appropriate sanction would be for him if he was to be found guilty of contempt of court.
The former head of state earlier this year defied summons ordering him to appear before the Judicial Commission of Inquiry into Allegations of State Capture between February 15 and February 19.
Zuma cited “a well-founded apprehension of bias and a history of personal relations between the Deputy Chief Justice and myself” as his reasons for not appearing before the commission’s chairperson Deputy Chief Justice Raymond Zondo.
Zuma has previously demanded that Zondo recuse himself from the commission when he appears, but Zondo refused to do so, leading to Zuma saying that Zondo’s decision not to recuse himself from presiding over the proceedings did not provide him the certainty of a fair and just hearing.
The commission approached the concourt seeking it to compel Zuma to appear before the commission, with the apex court ruling in favour of the commission and ordering Zuma to appear before it.
However, Zuma also defied the court’s order leading to the commission making an application to the court to have Zuma imprisoned for two years for contempt of the order made by the court.
Now, Mogoeng has laid the gauntlet square at the door of the former head of state requesting that he writes a 15-page affidavit to be filed by Wednesday, April 14, detailing what would constitute the appropriate sanction should the court find him in contempt of court.