Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others

Following his failure to comply with summonses and directives of the Judicial Commission of Inquiry into State Capture, the Constitutional Court in earlier proceedings ordered former President Jacob Zuma to appear and testify. Mr Zuma defied that order and publicly stated he would not comply. The Commission then instituted contempt of court proceedings directly in the Constitutional Court. Mr Zuma again refused to participate. On 29 June 2021, the Court found him guilty of contempt and sentenced him to 15 months’ direct imprisonment. Shortly before the deadline to submit himself to custody, Mr Zuma applied urgently for rescission of the contempt judgment and order, arguing that it was granted in error, infringed his constitutional rights, and that he had not been afforded a fair opportunity to be heard.

Direct access was granted; amici curiae were admitted; the application for rescission was dismissed; Mr Zuma was ordered to pay the costs of the Secretary of the Commission and the Chairperson, including the costs of two counsel.

The case affirms the finality of Constitutional Court judgments and strictly confines the availability of rescission against apex court orders. It underscores that deliberate defiance and non-participation cannot be used to circumvent adverse outcomes, reinforcing legal certainty, judicial authority, and the rule of law in South Africa.