SA in Unchartered Territory with Zuma Case


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Jacob Zuma’s rescission application to the Constitutional Court is merely a disguised appeal. That’s the assessment of constitutional expert Professor Cathleen Powell who says the former president is trying to get the apex court to rethink the merits of the case.

However, she notes that this is not what a rescission application is about. She explains that such an application is when the defendant is unaware of the case and if there is an obvious mistake in judgment.

Powell further notes that the rules don’t allow for the 15-month sentence to be reviewed but adds that the country finds itself in unchartered territory. If the Constitutional Court reviews the judgment or sentence Powell believes it could open the gate for no decision ever being final.

[Picture: GCIS]

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May 20, 2022
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