The Constitutional Court will on Monday, July 12, hear former president Jacob Zuma’s urgent application to rescind its order sentencing him to jail for 15 months for contempt of court.
The ConCourt issued these directions on Saturday, after Zuma made the application on Friday. It did not clarify his fate in the meantime because Zuma was initially supposed to hand himself over to authorities for his incarceration by Sunday. It is believed however this means his incarceration will be put on hold until his application has been heard.
The contempt order against Zuma was for failing to comply with the Constitutional Court’s earlier order in January to appear at the state capture commission and give evidence as per the commission’s lawful summons.
On Friday, Zuma also urgently applied to the high court in Pietermaritzburg to stay the orders that required him to turn himself in by Sunday, and to interdict the police from arresting him pending his rescission application to the Constitutional Court.
An order of the Constitutional Court may not be appealed. However, the rules of the ConCourt incorporate some rules of the Uniform Rules of Court, which apply to all other courts.
Rule 42 says a court may “rescind or vary an order or judgment erroneously sought or erroneously granted in the absence of any party affected thereby”.