Constitutional Court agrees to hear urgent case forcing Zuma to testify at state capture inquiry

The Constitutional Court has agreed to hear an urgent application to force former president Jacob Zuma to testify before the state capture commission of inquiry.

In an order issued on Friday, the country's highest court said the hearing would take place digitally on December 29 at 10am.

The court also gave Zuma until December 14 to file his answering affidavit in the matter, with the state capture commission being given until December 17 to file any responding papers.

The commission filed an urgent application to the Constitutional Court earlier this month asking it to order Zuma to comply with a new summons to appear and give evidence in January and February next year.

“This application has arisen because, though Mr Zuma attended the commission’s proceedings on the 16th, 17th and in the morning of November 19 2020, he left the proceedings of the commission without the chairperson’s permission on November 19 ... in defiance of the summons issued to him,” said commission secretary Prof Itumeleng Mosala in an affidavit.

Mosala has asked the top court to order Zuma to answer any questions put to him “subject to the privilege against self-incrimination, and may not rely on the right to remain silent”, says the notice of motion.

He said even though the Constitutional Court was ordinarily the last court to be approached, rather than first, “I believe that only this court can grant effective and adequate relief ... in the grave situation that has arisen.”