South Africa’s ex-president should be jailed, argues lawyer

Family Law

Lawyers for a commission investigating corruption in South Africa have asked the country’s highest court to jail former president Jacob Zuma for two years for failing to cooperate with its probe.

The commission of inquiry into high-level graft, chaired by Deputy Chief Justice Raymond Zondo, is probing wide-ranging allegations of corruption during Zuma’s tenure as head of state from 2009 to 2018.

Zuma, who has been implicated by several witnesses, has refused to testify and has accused Zondo of bias. Zuma has publicly said he will not appear before the commission despite an order for him to do so by the country’s highest court. He said he is prepared to go to jail over the matter, in an outspoken statement issued publicly.

For this contempt of court, Zuma should be convicted and sentenced to two years in prison, Tembeka Nqcukaitobi, a lawyer for the commission, argued Thursday at the Constitutional Court.

Any lesser penalty for Zuma would minimize the seriousness of his defiance of the country’s apex court and would encourage others to do the same, said the lawyer. As a former head of state, Zuma has a duty to abide by the constitution, said Nqcukaitobi.

The judges of the constitutional court said they will deliberate on the matter and deliver a decision, but they did not specify when.

Among allegations against Zuma are claims that he allowed members of the Gupta family to influence his cabinet appointments and the awarding of lucrative state contracts to their businesses. Members of the Gupta family have since fled the country to Dubai and have not agreed to appear before the commission. Zuma is already facing corruption charges in a separate matter.

Zuma’s open defiance of the commission has created a political problem for President Cyril Ramaphosa who is under pressure to take tough action against corruption.

But the ruling party, the African National Congress, is divided over how to respond to the widespread allegations of corruption. Zuma retains support from about half of the party including several influential members who are opposed to Ramaphosa. They don’t want to see firm action against Zuma or other party members accused of corruption.

About 20 of Zuma’s supporters braved rain in Johannesburg on Thursday to demonstrate in front of the Constitutional Court to show their unwavering support for him. More than 30 others demonstrated against Zuma, urging the court to take strong measures against corruption.  This week, the commission announced that Ramaphosa will testify in April.

Related listings

  • Courts wrestle with whether manslaughter is always violent

    Courts wrestle with whether manslaughter is always violent

    Family Law 03/06/2021

    Once annually, sometimes less, the full federal appeals court in New York meets to confront a perplexing legal question. Most recently, it was to decide whether shooting somebody point-blank in the face and stabbing somebody to death are violent acts...

  • Court halts another Texas execution over disability claims

    Court halts another Texas execution over disability claims

    Family Law 02/04/2021

    A Texas appeals court has delayed a second execution this year to review claims that an inmate is intellectually disabled and thus ineligible for the death penalty.The Texas Court of Criminal Appeals on Wednesday granted a request by attorneys for Ed...

  • Attorney General MacDonald confirmed as supreme court chief

    Attorney General MacDonald confirmed as supreme court chief

    Family Law 01/22/2021

    Attorney General Gordon MacDonald was confirmed Friday as chief justice of the New Hampshire Supreme Court, 18 months after he was initially rejected for the position.Republicans won a 4-1 majority on the Executive Council in November, ousting Democr...

Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

Business News

Eugene, OR Criminal Defense DUII Attorney MJM Law Office was founded to provide clients with representation in Criminal Defense. >> read