
- The Zondo Inquiry wants the Constitutional Court to order Zuma to comply with two separate summons to appear before Deputy Chief Justice Raymond Zondo.
- Zuma has missed the deadline to indicate whether he will fight the inquiry's case.
- The ConCourt has given Zuma until Monday to file a response.
The Constitutional Court has agreed to hear the state capture inquiry's urgent legal application to force former president Jacob Zuma to appear before Deputy Chief Justice Raymond Zondo and answer questions, in a virtual hearing scheduled for 29 December.
As yet, it remains unclear if Zuma will fight the case being brought by the inquiry, as he missed Thursday's deadline to file a notice that he intended to oppose the urgent application against him.
The Constitutional Court on Friday afternoon gave Zuma until 14 December to file an answer to the case being brought against him by the State.
Zuma's lawyer, Eric Mabuza, has not responded to requests for clarification about whether he had elected not to fight the inquiry's efforts to compel him to appear before the commission. His advocate, Muzi Sikhakhane, has previously submitted that, should Zuma be forced to appear at the inquiry, he would elect to remain silent.
The inquiry now wants a Constitutional Court order that will compel the former president to comply with two separate summons for him to appear before Zondo - on 18-22 January and 15-19 February.
The inquiry is seeking urgent and direct access to the country's highest court, so that it can apply for an order that Zuma is "constitutionally obliged" to answer to allegations that "concern his alleged failure as president and head of the national executive to fulfil his constitutional obligations".
It also wants the Constitutional Court to rule that Zuma's "conduct in excusing himself and leaving the venue of the commission hearing on 19 November 2020, without the permission of the chairperson, is unlawful" and breached the Commissions Act.
Zuma walked out of the inquiry after Zondo refused his application for his [Zondo's] recusal.
Zuma's lawyers have also indicated that they will challenge Zondo's refusal to recuse himself, after the deputy chief justice rejected their contentions that he could be perceived to have shown bias against Zuma.
Mabuza has not confirmed that this mooted legal challenge has, in fact, been filed.