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Mpofu suggests ‘another Marikana’ could happen if high court dismisses Zuma application


In his closing arguments, advocate Dali Mpofu, representing former president Jacob Zuma – in a bid to suspend the warrants for the former president’s arrest and committal to prison – has suggested that dismissing the application could lead to “another Marikana”.

The KwaZulu-Natal High Court in Pietermaritzburg heard arguments on Tuesday as to why the enforcement of the Constitutional Court order should be suspended pending the outcome of the rescission application to be heard in the apex court next week.

Zuma launched the two legal challenges after a majority ruling of the Constitutional Court found him guilty of contempt of court and sentenced him to 15 months in jail.

Mpofu, who had earlier argued that the high court has jurisdiction to hear the matter, said that if the order was not suspended, it would amount to one of the most fundamental invasions of human rights that can never be imagined in a case that deals with an arrest of a person.

He added that the court would also be directly or indirectly pre-empting and prejudging the outcome of the rescission application if the application was dismissed.

Mpofu then appeared to refer to the situation unfolding in Nkandla, where loyal Zuma supporters, some of whom were armed, had gathered in contravention of the Disaster Management Act regulations.

“When they say in their best judgment of the situation, those orders must await the outcome of the case on Monday,” Mpofu told Judge Jerome Mnguni.

Your Lordship will say ‘no, no no, you’re wrong, whatever, let’s just have another Marikana. Let’s have whatever might happen simply because this was an order of a higher court and with no authority being cited. I am tying my hands, and I will not be able to prevent that which the police and the president and everyone else seeks to prevent’

Stephen Ansah

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