The Helen Suzman Foundation (HSF) has warned Police Minister Bheki Cele and National Police Commissioner General Khehla Sitole against subverting the Constitutional Court order jailing former president Jacob Zuma.
In a letter to Cele and Sitole on Monday, the foundation’s lawyers said their duties were clear and final and set out, unequivocally, in the apex court’s order.
The minister and the commissioner have been accused of treating Zuma in an unequal, unlawful, unconstitutional manner that was prejudicial to the public interest and the administration of justice.
”And if the order is not stayed, by a court of competent jurisdiction, then the minister, the commissioner and the SA Police Service (SAPS) remain bound to act as per its terms. They have no power to subvert, suspend or amend the Order as they see fit, regardless of their reasoning,” reads the letter written by law firm Webber Wentzel’s Vlad Movshovich.
Cele, Sitole or any party were reminded that they were bound by the order. If they failed to act in accordance, the HSF reserved its rights against such parties.
”Our client also – respectfully – points out that there is no obligation on the Constitutional Court to issue directions, as its order is the ultimate direction,” the HSF’s letter stated.
The foundation was responding to Cele and Sitole’s letter to Acting Chief Justice Raymond Zondo, requesting to hold further action that they are expected to take in arresting Zuma and delivering him to a correctional facility.
Cele and Sitole said their action was pending Acting Chief Justice Raymond Zondo’s directions regarding the conduct of the litigation and any other matter related to Zuma’s court battles.
On Tuesday, Zuma is expected in the KwaZulu-Natal High Court, seeking to stay his jailing while he applied to have the judgment ordering his incarceration reconsidered and rescinded.
On Monday next week, he is due to head to the Constitutional Court to have the ruling rescinded.
However, the HSF has told Cele and Sitole that there was nothing remarkable about an individual ordered to be imprisoned attempting to delay this outcome.
”That is all that Mr Zuma is attempting to do. He must, however, be treated by the minister and the commissioner as they would treat any other individual so convicted and sentenced. And their proposed treatment of Mr Zuma is manifestly unequal, unlawful, unconstitutional and prejudicial to the public interest and the administration of justice,” the foundation said.
“It does not lie within the gift of the minister and the commissioner to make the indulgences which they propose to make. If they wish to escape their court-ordered obligations, they would have to apply to court to obtain a reprieve. Until a reprieve is granted, they must carry out their legal duties, and do so efficiently and fully.”
The HSF said Cele and Sitole‘s proposal afforded Zuma indefinite interim relief even if he lost the application for interim relief in the high court, which he had recognised was necessary to stay enforcement of the Order.
”The minister and commissioner's position is thus – simply because legal challenges have (belatedly and impermissible, our client contends) been brought – to renege on their constitutionally ordered duties. This option is not legally open to them, however, and they would themselves be in contempt of the order were they to adopt this position,” the foundation warned Cele and Sitole.
The foundation said Zuma's rescission application to the apex court did not stay the order jailing him.
”The minister and the commissioner's duties are clear and final. They are set out, unequivocally, in the order. And if the order is not stayed, by a court of competent jurisdiction, then the minister, the commissioner and the SAPS remain bound to act as per its terms.
’’They have no power to subvert, suspend or amend the Order as they see fit, regardless of their reasoning.”
Political Bureau