An application has been launched to force outgoing Chief Justice Raymond Zondo not to be part of the Electoral Commission of SA’s (IEC’s) case against former president Jacob Zuma and his uMkhonto weSizwe Party’s (MKP) .
The Hola Bon Renaissance (HBR) Foundation this week filed papers at the Constitutional Court in a bid to get Justice Zondo to recuse himself from hearing the case.
The non-profit organisation wants the apex court to consider ordering Justice Zondo to recuse himself based on its 2021 sentencing of Zuma to 15 months’ imprisonment for contempt of court.
”The Constitutional Court sentenced the fifth respondent (Zuma) to 15 months in prison. The judgement of the Constitutional Court violated the Constitution of the Republic of South Africa and violated the fifth respondent’s right to a fair trial. Justice was unjust and unprecedented,” reads the HBR Foundation’s application.
In addition, the foundation also claims Justice Zondo had clearly demonstrated that he had a cordial relation with the ex-president and refused to recuse himself from the commission of inquiry into state capture, which he chaired, when hearing Zuma’s evidence.
”Now the matter is brought before the same Chief Justice who is a reason for this application; hence the HBR Foundation requests the Chief Justice to recuse himself,” state the court papers.
The HBR Foundation told the apex court that the IEC has not made out a case for direct access to challenge the Electoral Court’s decision last month to allow Zuma to contest May 29 national and provincial elections.
”There is no good reason by the first respondent (IEC) why this application has not proceeded before another court. The first respondent (IEC) could have secured review relief in a lower court. In that way, the Constitutional Court would have had the benefit of a well reasoned judgment from other judges to consider,” the foundation said.
Earlier this week, the Constitutional Court dismissed its bid to be admitted as amicus curiae (friend of the court) as its application did not comply with its rules.
On Wednesday, the HBR Foundation resubmitted its application, stating that it now complied with the rules.
The Council for the Advancement of the South African Constitution has also been admitted as amicus curiae in the matter.
The IEC’s Constitutional Court challenge will be heard next Friday (May 10).
Meanwhile, Zuma is also facing disciplinary action by the ANC, which accuses him of violating the governing party’s constitution by calling on all South Africans in December in Soweto to join him in dislodging the ANC as the ruling party.
According to the charge sheet, Zuma is guilty of contravening the ANC constitution by acting on behalf of or in collaboration with a political organisation or party other than an organisation or party in alliance with the ANC in a manner contrary to its aims, policies and objectives.
”On 16 December, 2023, you addressed the MKP in Soweto and you pledged not to campaign for the ANC (or ANC of (President Cyril) Ramaphosa, as you describe it) in 2024, contrary to what you undertook when you took the membership oath,” reads the charge sheet.
It adds that Zuma appears on the list for public representatives of MKP contrary to the rule, because the organisation is not in an alliance with the ANC.
The ANC’s chief national presenter, Uriel Abrahamse, warned Zuma that should he not appear at the venue on the date and time determined for the hearing (or not avail himself if the hearing is conducted virtually), or remain in attendance when required to do so by the national disciplinary committee chairperson, it may order that the proceedings continue in his absence.
The MKP has indicated that Zuma is ready and available to be disciplined by the ANC, and that its members will gather outside the party’s Luthuli House head office in downtown Johannesburg.