The Constitutional Court has agreed to hear former president Jacob Zuma’s application to have the order against him rescinded.
On Tuesday, the apex court ordered Zuma to be imprisoned for 15 months for contempt of court.
He had ignored its order to testify at the State Capture Inquiry.
The Constitutional Court has agreed to hear Zuma’s rescission application on 12 July.
He is asking the apex court to withdraw and amend the order that he be imprisoned.
To be successful, Zuma will need to meet the requirements of the court rules he is relying upon for his application.
Attorney Ulrich Roux said, “you need to demonstrate that you as the applicant were not given a fair opportunity to state your case prior to an order being made or there was a grave error made in the interpretation of the law when handing down the ordering accordingly the order handed down should be rescinded.”
Zuma claims he was summarily sentenced to direct imprisonment without being given an opportunity to argue mitigation after conviction but this is disingenuous.
The Constitutional Court asked him in April to file an affidavit in mitigation of sentence, in the event he is found guilty of contempt of court.
Instead, he sent a scathing 22-page letter to the Chief Justice, in which he referred to the bench’s political gimmicks.
Practicing advocate James Grant said, “we have what only can be considered and the indication that the Constitution Court was taking the charge by the commission of contempt very very seriously, was when the directive was sent and he was asked for his views on what sort of sentence he considered to be appropriate.”
“If nothing else, that was exactly a request to him for considerations in mitigation of sentence. ”
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