STAFF REPORTER|
FORMER President Jacob Zuma is legally obliged to appear and give evidence before the State Capture Commission, the Constitution Court ruled on Thursday.
This comes after the Zondo Commission lodged an urgent application to force Zuma to appear and answer questions after the former president and his legal team walked out of the inquiry when Zondo refused to recuse himself as chairperson.
The court said section 3 of the Commissions Act empowered the Zondo Commission to compel witnesses to appear before it and that failure by those summoned to obey laws that governs the republic amounted to a direct breach of the rule of law, one of the values underlying the Constitution and which forms part of the supreme law of the country.
The court held that Zuma was entitled to the privileges envisaged in section 3(4) of the Commissions Act, including the privilege against self-incrimination.
It said, however, Zuma was not entitled to the right to remain silent as this right guaranteed by section 35 of the Constitution is only available to arrested and accused person and not witnesses appearing before a commission of inquiry.
(SOURCE: INSIDE POLITICS)
