Zuma's rescission application dismissed with costs
The Constitutional Court has dismissed an application by former president Jacob Zuma to review its order that sent him to prison.
On Friday, Justice Khampepe delivered the three judgments.
The majority judgment found that Zuma's application failed to convince that court that its decision to find him guilty of contempt and to sentence him to 15 months in prison was erroneous.
Zuma made the application in July with hope that his sentencing will be found unconstitutional.
"He knew the relief the commission sought, despite this he elected not to participate. The majority emphatically rejects any suggestion that litigants can be allowed to butcher judicial of their own will judicial processes only to later plead the absent victim," said Khampepe.
"Elected absence like that of Mr. Zuma constitutes more than litigious skullduggery which does not have the effect of turning a competency granted order into one erroneously granted.”
Zuma has been ordered to pay the costs of the secretary of the judicial commission of inquiry into state capture, the chairperson Raymond Zondo and two lawyers.
The second judgment maintains that the order of the court was unconstitutional and does not comply with international law, citing the International Covenant on Civil and Political Rights (ICCPR).
The majority judgment disagreed, stating that South African courts are not obliged to prefer a position taken in international law.
"The majority emphasis that the status of international law must not be mischaracterised and disputes the relevance of the ICCPR to a rescission application launched in a South African court.
"In a dualist legal system like South Africa's, international treaties do not create rights and obligations capable for being enforced domestically unless they are incorporated by Parliament," said Khampepe.
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