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'An opportunity given to Jacob Zuma never given to anybody before'

14 April 2021 9:03 AM
Tags:
Constitutional Court
Jacob Zuma
Mogoeng Mogoeng
University of Limpopo
Public Law
Constitutional Law
Jacob Zuma contempt case
Jacob Zuma contempt of court
Omphemetse Sibanda

Never before has a court asked an accused how he should be sentenced, says Professor Omphemetse Sibanda.

Equality before the law doesn’t seem to apply to Jacob Zuma. This Constitutional Court has gone way above and beyond what is required by law to accommodate a person who has time and time and time again indicated that he has no regard for the rule of law or the supremacy of the Constitution.

Africa Melane - presenter, 702/CapeTalk

Today is the day former President Jacob Zuma must tell Chief Justice Mogoeng Mogoeng how he should be sentenced if found guilty of contempt of court.

Zuma twice snubbed the Constitutional Court.

It remains to be seen if Zuma will meet the deadline set by Mogoeng Mogoeng.

Former President Jacob Zuma responding with laughter to a debate in Parliament. Picture: Thomas Holder/EWN.

Africa Melane interviewed Professor Omphemetse Sibanda, Professor of Law and the Executive Dean of the Faculty of Management and Law at the University of Limpopo.

It deviates from the normal course of criminal processes… An accused person is told… to what degree we should punish you… There is no rule that says to reach out to an accused person who does not show any appetite to come to court…

Professor Omphemetse Sibanda, Professor of Law - Faculty of Management and Law, University of Limpopo

This is strategic… an opportunity never given to anybody before… It is not legally sound in my view… It’s a criminal matter, therefor rules of criminal procedure should be followed…

Professor Omphemetse Sibanda, Professor of Law - Faculty of Management and Law, University of Limpopo

The court is compromising itself. Politically, some say it’s a masterstroke… We’re all equal before the law! … They should be seen to be independent… and not allowing interference, even indirectly… Somebody out there is going to argue entitlement to the same treatment…

Professor Omphemetse Sibanda, Professor of Law - Faculty of Management and Law, University of Limpopo

Perhaps the Constitutional Court knows something we don’t…

Professor Omphemetse Sibanda, Professor of Law - Faculty of Management and Law, University of Limpopo

Listen to the interview in the audio below.


This article first appeared on CapeTalk : 'An opportunity given to Jacob Zuma never given to anybody before'




14 April 2021 9:03 AM
Tags:
Constitutional Court
Jacob Zuma
Mogoeng Mogoeng
University of Limpopo
Public Law
Constitutional Law
Jacob Zuma contempt case
Jacob Zuma contempt of court
Omphemetse Sibanda

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