Former South African President Jacob Zuma has written a letter through his legal team to President Cyril Ramaphosa, demanding the removal of Judge Raymond Zondo from the position of Chief Justice. Zuma is citing that Ramaphosa was irrational when he appointed Zondo to his current position in April last year after consultation with the Judicial Service Commission and leaders of parties in the National Assembly on four nominees, Justice Mbuyiseli Madlanga, Justice Mandisa Maya, Justice Dunstan Mlambo and Zondo.
According to Ntanga Nkuhlu Inc Attorneys, Zuma’s legal team, during the JSC interviews, one of the pertinent issues raised was Zondo’s untruthful and dishonest account of meetings held privately with Zuma. They also claimed that Zondo has ignored an application brought by Zuma against his non-recusal from sitting as chairperson of the State Capture Commission, based on previous relationships and other dealings between Zondo and Zuma.
The attorneys also claimed that Zondo was correctly ranked last by the JSC following its post-interview deliberations, and all the other three nominees performed far better than Zondo, making his appointment inexplicable and seemingly irrational. They claimed that Ramaphosa defied the requirements of gender transformation as prescribed in Section 174(2) of the Constitution by overlooking Maya, who had performed far better than Zondo and had passed the threshold of 12 or more votes for appointment to the position of Chief Justice or any other judicial vacancy.
Zuma’s legal team demanded that Ramaphosa reverse his decision to appoint Zondo as Chief Justice and furnish them with the reasons which led to his allegedly irrational decision and/or conduct. Failure to comply with these demands would result in Zuma instituting urgent legal proceedings in the appropriate court without further notice to Ramaphosa.
In response, Ramaphosa’s spokesperson, Vincent Magwenya, said that the Presidency views this latest letter from Zuma as another element of his broader harassment campaign aimed at the President. Magwenya accused Zuma of having a contemptuous attitude towards democratic processes that do not pander to his desires and whims. He also accused Zuma of having a derisive attitude towards the country’s democratic institutions and legal processes.
Magwenya stated that Ramaphosa would not waste any of his time considering Zuma’s demands and that Zuma can continue with another frivolous court action if he so desires. Zuma’s letter is the latest development in a long-running legal battle over his appearance before the State Capture Commission. In February 2021, Zuma walked out of the commission, led by Zondo, without permission after the commission refused his request for Zondo to recuse himself due to their alleged friendship.
The commission then approached the Constitutional Court to force Zuma to appear before it, resulting in the court sentencing Zuma to 15 months in jail for contempt of court. Zuma is currently appealing his sentence.The letter also comes amid allegations of corruption and state capture during Zuma’s presidency. The State Capture Commission was established to investigate these allegations, and Zondo has been leading the commission’s proceedings.
The letter has sparked a debate about the independence of the judiciary in South Africa. Some have criticized Zuma’s letter, arguing that it is an attempt to undermine the independence of the judiciary and interfere in the appointment of judges. Others have expressed concern about the allegations against Zondo and whether they warrant his removal from the position of Chief Justice.
Zuma’s letter has reignited the controversy surrounding his presidency and his alleged involvement in state capture. It has also highlighted the challenges facing South Africa’s democracy and the need to uphold the rule of law and the independence of the judiciary.
Mboma Mboma