Att: Professor Itumeleng Mosala
Secretary of the Judicial Commission of Inquiry
into Allegations of State Capture, Corruption
and Fraud in the Public
Sector including Organs of State
2nd Floor, Hillside House
17 Empire Road
Our Ref: Mr ET Mabuza/Mr RN Baloyi/Ms Z Longwe
Date: Monday, February 15, 2021
Dear Professor Mosala,
President JG Zuma's appearance before the Commission on 15 -19 February 2021
1. We refer to the above matter.
2. We formally inform the Commission, as a matter of courtesy, that our client will not be appearing before the Commission on 15-19 February 2021, for the reasons set out below.
3. The Commission is aware that the review application which President Zuma has instituted to set aside the refusal by Deputy Chief Justice Zondo to recuse himself from hearing matters concerning him and his family is yet to be determined by the court.
4. The Summons issued for our client to appear on 15-19 February 2021 is irregular and not in line with the Fourth Order of the Constitutional Court judgment of 28 January 2021.
5. Appearing before DCJ Zondo in the circumstances, would undermine and invalidate the review application over his decision not to recuse himself.
6. We also place on record that the review application was not before the Constitutional Court and, accordingly, was not considered, determined and/or adjudicated by that court.
7. We reiterate that the above should not be construed to suggest any defiance of a legal process.
8. All our client's rights are reserved. Yours faithfully