The Constitutional Court's apparent refusal to release Jacob Zuma pending its decision on whether to rescind its imprisonment order is an “egregious violation” of international law, the former president's lawyers said in court papers on Friday.
They were responding to the court's request for submissions on the implications of international law on Zuma’s detention.
But on August 6 it asked all the parties to the case for legal arguments on whether it is “obliged to consider” the UN International Covenant on Civil and Political Rights when looking at the fair trial rights under the SA constitution; as well as the right not to be detained without trial. Article 9 sets out a number of rights of accused and arrested people and article 14 says that “everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”.In submissions filed on Friday, Zuma’s counsel Dali Mpofu said the ConCourt was bound by the provisions of covenant, which was ratified by SA in 1998, and it was mandatory that the court consider it.
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