In Contempt of the Highest Court in the Land: A Commentary on Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State v Zuma and Others 2021 (5) SA 327 (CC)

Abstract

The Constitution of the Republic of South Africa (1996) is reputed to be ‘the best Constitution’ in the world. It is founded on a socio-political desire to move away from the historical realities of apartheid into the constitutional democracy in which the Constitution is the supreme law of the land. Ever since the dawn of constitutional democracy, so much has been achieved to provide practical meaning to the founding values of the Constitution. The basis for this case note is former President Jacob Zuma’s actions in 2021 which culminated in contempt of court, which sought to undermine the Constitution’s authority and legitimacy of the Constitutional Court. The ultimate view adopted in this case note is that Mr Zuma succeeded in his project to undermine the Constitution and the Constitutional Court. His actions would threaten to reverse the democratic gains achieved under the Constitution. This case note analyses the reactionary measures taken by the Constitutional Court to assert its authority in light of the attacks that Mr Zuma had launched on the court and its members.