NGO Democracy in Action said not even a mooted presidential pardon would be helpful, as the constitution of the court was ignored in the case of former president JacobZuma.
DURBAN - One of the parties that has been asked by the Constitutional Court to make submissions regarding the “illegal detention” of former president Jacob Zuma and his rescission application says few options can be applied to remedy the situation.
The inputs require parties to argue whether the court is bound by international laws in detaining Zuma at Estcourt prison. “A presidential pardon would, in our submission, not be one such remedy, because it would not cure the arbitrary nature, and therefore unlawfulness, of the detention by reason of this court forsaking normal procedures established by law,” DIA in its court papers.
Quoting the Constitutional Court judgement of June 29, which was read by Judge Sisi Kampepe, DIA said that even if Zuma, through his many statements about the court, had belittled it, the deviation from granting him a trial before he was sentenced was illegal.
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