“I strongly agree with the public sentiment that is
starting to see the emergence of a judicial dictatorship in South Africa,” said
Zuma in the statement.
“We have in South Africa today the gradual entrenchment of
the counter-majoritarian problem. Unfortunately, when people rise up against
this judicial corruption, our young democracy will unravel and many democratic
gains will be lost in the ashes that will be left of what used to be our
democratic state,” the statement read.
Zuma’s statement comes after arguments were heard in the
Constitutional Court on Thursday, in which the Commission of Inquiry into State
Capture asked the court to declare Zuma in contempt after he had defied a court
order to attend and testify at the commission.
The commission requested on Thursday, that the court send
Zuma to prison for a duration of two years, rather than impose a suspended
sentence to get the former president to cooperate.
“The Commission has asked for a declaration of contempt and
a two-year sentence – it has not asked for a fine or a suspended sentence,”
said Tembeka Ngcukaitobi SC, in the contempt of court application heard by the
Court.
Zuma had previously defied the Constitutional Court’s order
in January and had failed to appear in the Constitutional Court, on 15 February
as required.
“Ordinarily and if I had faith that a South African court
would consider my submissions, I would present them to the Constitutional
Court,” Zuma said in his statement on Thursday.
“However, my experience is that many South African judges,
including those of the Constitutional Court can no longer bring an open mind to
cases involving me as they have done in awarding legal costs against me in a
case I had not participated in.”
The Constitutional Court has “allowed itself to be abused”
in this regard, despite his “repeated warnings” that continue to go “unheard”,
Zuma said.
According to Zuma, the Constitutional Court was prejudicing
and violating his constitutional rights.
In his statement, the ex-president cried foul at the
inclusion of Acting Justice Dhaya Pillay — who was appointed to the
Constitutional Court in an acting capacity in February 2021 — accusing her of
bias and saying the decision was “curious if one considers her historical
hostility and insults against” him.
Justice Pillay’s inclusion in the matter “demonstrates the
crises engulfing our judiciary,” said Zuma.
Zuma added that Justice Pillay had insulted him —
previously describing him as “a wedge driver with a poisonous tongue”.
Zuma reiterated that he was prepared to go to prison rather
than adhere to judges and a court system that he believed to be biased.
Zuma’s lawyer, Eric Mabuza was contacted for comment but
had told Daily Maverick that he is unable to comment on the former president’s
statement and will not make any further comments on the situation.
Professor Susan Booysen, a director at the Mapungubwe
Institute for Strategic Reflection and author of Dominance and Decline: The ANC
in the Time of Zuma, said Zuma’s “vicious attack from [a] position of
back-against-the-wall” is an attempt to defy the Constitutional Court’s “core
principles”.
“His essential strategy here is to make the judiciary an accused,
and make the Constitutional Court an accused in his tirade,” Booysen told Daily
Maverick.
Booysen described Zuma’s move as his “last line of defence”
against the judiciary. In the aftermath,
the Constitutional Court will have to find an appropriate way to handle an
attack of this nature, and “persuasively” rebut Zuma’s claims, said Booysen. The Constitutional Court reserved judgment on
Thursday. DM
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