Cele will hold further action on Zuma arrest unless directed otherwise

The police have reportedly written to the Constitutional Court saying they will not enact the order pending the outcome of legal challenges to the apex court’s ruling – unless the court directs them otherwise.

NO ACTION AGAINST ZUMA UNLESS TOLD OTHERWISE

In the letter – authored by a state attorney representing police minister Bheki Cele and police chief Gen Khehla Sitole – the pair said the police would “out of respect of the unfolding litigation”, hold their actions on the top court’s order to arrest the former president until Zuma’s litigation in the Constitutional Court is finalised — unless directed otherwise by the acting chief justice, Raymond Zondo.

The letter furthermore reads: 

“It is our clients’ view that the pending litigation has a direct impact on the action which they should take in terms of the court order on the basis that the court order has become the subject of litigation in both courts.”

The letter was reportedly attached to Zuma’s court papers in the Pietermaritzburg high court. 

This is the court where his urgent application to stay the execution of his arrest is due to be heard on Tuesday.

According to BusinessLIVE the concluding paragraph of the letter reads:

“We trust you find the above in order and our clients [Cele and Sitole] will be bound by any direction which the honourable court may issue pursuant to our clients’ intention to hold any steps in abeyance as indicated herein.”

Zuma was sentenced to 15 months in prison last week. He was given a five-day deadline to hand himself over which expired on Sunday at midnight. 

He applied for a stay of execution of the order for his arrest on Sunday following his conviction and sentencing to 15 months in jail for contempt of Court in the Constitutional court.

ZONDO COMMISSION OPPOSOSED APPLICATION ON MONDAY

The Zondo Commission on Monday opposed Zuma’s application for a stay of execution of the order for his arrest that will be heard in the Pietermaritzburg High Court on Tuesday.

Zuma applied for a stay of execution of a Constitutional Court ruling that ordered Minister of Police Bheki Cele and Minister of Justice and Correctional Services Ronald Lamola to take necessary “legal steps” to ensure the former president commences his sentence within five days of the ruling. 

Zondo Commissison Secretary Itumeleng Mosala said in court papers filed in the Pietermaritzburg High Court on Monday that the commission opposed Jacob’s application for an interdict to prevent his arrest for the following reasons:

  • “The first is that this court lacks the requisite jurisdiction to entertain this matter”
  • “The second is that the applicant has failed to satisfy the test for rescission both under rule 42 of the Uniform Rules of the Court as well as under the common law”
  • Thirdly, understanding this application within the context of its full factual history reveals that it (the application) is a continuation of the pattern of abuse by the applicant of the court process. Courts should not entertain such abuse any longer.
  • Finally the applicant does not satisfy the requirements for an interim interdict

ALSO READ: Jacob Zuma latest: Zondo Commission opposes High Court jail bid

Zuma has earlier accused government and the Constitutional Court judges of abusing their powers

He spoke to traditional headmen and some of his supporters at Nkandla, KwaZulu-Natal (KZN) on Saturday afternoon, 3 July 2021.

“I don’t know what wrong I have done, they never told me,” he said in isiZulu.

His supporters have vowed to prevent law enforcement officers from arresting him, by any means necessary.

ALSO READ: ‘I don’t know what I did wrong,’ Jacob Zuma tells supporters

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Presh JM Reporter

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