By Professor Richard Calland, The University of Cape Town — The Conversation Africa — 29 June 2021
South Africa’s Constitutional Court has found former president Jacob Zuma guilty of contempt of court and sentenced him to 15 months imprisonment — a momentous, historic verdict with profound legal and constitutional implications. Never before has the Constitutional Court passed a custodial sentence, still less on a former democratically elected president. The ground-breaking judgment was read out by Acting Chief Justice Sisi Khampepe, who began: “It is indeed the lofty and lonely work of the Judiciary, impervious to public commentary and political rhetoric, to uphold, protect and apply the Constitution and the law at any and all costs.”
Zuma had defied an earlier order of the same court to appear before the Zondo Commission — the judicial inquiry into state capture and corruption during his nine-year rule. Rather than going to a lower court as would be customary in contempt proceedings, the Zondo Commission’s legal team went directly to the Constitutional Court. The contempt itself was not in dispute: Zuma had chosen not to contest the proceedings. The court then had to decide whether to pass a coercive or punitive sentence. Both the majority and minority judgments agreed a coercive sentence (suspending imprisonment on condition he appeared before the commission) would be futile — Zuma had made clear he would not comply. The majority found that his public attacks on the honesty of the judges and impugning of the rule of law should be taken into account when determining punishment.
In passing the 15-month unsuspended sentence, Justice Khampepe wrote: “Quantifying Mr. Zuma’s egregious conduct is an impossible task. What will it take for the punishment imposed on Mr. Zuma to vindicate this Court’s authority and the rule of law? He owes this sentence in respect of violating not only this Court, nor even just the sanctity of the Judiciary, but to the nation he once promised to lead and to the Constitution he once vowed to uphold.” Professor Calland summarised: “There is something sad and tragic about his steady but inexorable fall from grace. And yet there is something so high-minded and noble about how the country’s constitution has prevailed over his abuse of power — a far more compelling narrative. South Africa has many problems. But underestimate the strength of its rule of law and the independence of its judiciary at your peril — as Zuma has now discovered.”