Mpofu wrestles with ConCourt in Zuma rescission hearing
Former president Jacob Zuma's rescission application was heard by the Constitutional Court on Monday.
Zuma wants the apex court to review its judgment that convicted him of contempt and sentenced him to 15 months in prison.
While protests, which started under the banner of #FreeJacobZuma flared across the country resulting in looting and at least 6 deaths, Zuma's lawyer, Advocate Dali Mpofu, told the apex court that its judgment against the former president was unconstitutional.
The justices and Mpofu wrestled for hours and debated whether Zuma was sent to prison without a fair trial.
Mpofu said the court failed in upholding Zuma's rights to freedom, security without just cause, and the right to a fair trial, to be presumed innocent, to remain silent, and to testify during the proceedings which are contained in Section 35 of the Constitution.
"The point that brings us here, is that throughout his trial, quote-unquote, his Section 35 rights were denied, whether we are talking about the conviction or sentencing stage. The question that must be answered is were his section 35 rights were denied, yes or no.
"Two persons who have done the same thing and one is dealt with in the way that vindicates their section 35 rights and they get a fair trial, the other one does not get a fair trial. It is the same as the distinction made about the case of PW Botha.
“Of course, Botha was charged under the Commission's Act, he defied a commission of inquiry, Zuma also defied a commission of inquiry, assuming he is guilty. The difference is both went to court and got a suspended sentenced and was afforded the right to appeal, whereas President Zuma did not get that," said Mpofu.
Justice Zukisa Tshiqi challenged Mpofu, saying Zuma was given the chance to participate in the proceedings and give the court mitigating factors, but opted not to do so.
Mpofu agreed, but said Zuma's rights were limited.
"How can someone be told in April that they need to provide mitigating factors for a judgment in June?”
Mpofu added that it is cruel to keep Zuma in prison pending this application.
