Using international law would only confirm that former president Jacob Zuma’s imprisonment did not violate his right to security and freedom, the Helen Suzman Foundation has told the ConCourt.
The Helen Suzman Foundation said in its submission: “This court gave careful, detailed and anxious consideration to Mr Zuma’s right to freedom and security of the person and his fair trial rights, and did so within the context of the unprecedented threat posed by Mr Zuma’s recalcitrance to the rule of law, constitutional supremacy and administration of justice, as it was required to do in terms of section 39.
“This court’s judgment would thus attract deference under the international law principle of subsidiarity, and will be accorded a margin of appreciation for its domestically driven and constitutionally sourced response to an unprecedented affront to the court’s dignity and directed threat to the country’s rule of law.
“Would consideration of international law change this court’s careful interpretative approach? Certainly not,” the foundation said. “This court set out clearly and deliberately what the existing procedures and laws were in relation to civil contempt, and applied them to Mr Zuma.”
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