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Question 1 “The Zondo commission has asked the Constitutional Court for an urgent order declaring former president Jacob Zuma in contempt of court and sentencing him to two years in prison for defying summonses served to testify before the inquiry into state capture”. As a result the below judgment was granted by the Constitutional Court.

Decided on: 28 January 2021

Summary: Section 3 of the Commissions Act 8 of 1947 — the power of a commission to compel a witness to appear before it — urgent application — direct access — privileges of a witness before a commission

On application for direct access to the Constitutional Court on an urgent basis:
1. The application for direct access is granted.
2. Advocate Vuyani Ngalwana SC is not admitted as amicus curiae.
3. The Council for the Advancement of the South African Constitution and the Helen Suzman Foundation are admitted as amici curiae.
4. Mr Jacob Gedleyihlekisa Zuma is ordered to obey all summonses and directives lawfully issued by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (Commission).
5. Mr Jacob Gedleyihlekisa Zuma is directed to appear and give evidence before the Commission on dates determined by it.
6. It is declared that Mr Jacob Gedleyihlekisa Zuma does not have a right to remain silent in proceedings before the Commission.
7. It is declared that Mr Jacob Gedleyihlekisa Zuma is entitled to all privileges under section 3(4) of the Commissions Act, including the privilege against self-incrimination.
8. Mr Jacob Gedleyihlekisa Zuma must pay the Commission’s costs in this Court, including costs of two counsel.

Critically evaluate the order of the Constitutional Court against section 35 of the Constitution and the Principles of Legality and advise if you agree with it or not. A;so
make reference to case law. Only minimum of 13 pages will be acceptable, below that will be fail.

Question 2
The Potchefstroom Regional Court in North West has recently acquitted Thandi Modise of all charges of animal cruelty brought against her. The charges were that she neglected/omitted her duties to take care of the animals as the owner of the farmer. Afriforum prosecuted this case privately.
You are approached by the NSPCA and instructed to appeal the judgment. Discuss the requirements of criminal liability pertaining to Conduct ONLY in relation to the conduct of Thandi Modise, and advise if the appeal is likely to be successful or not.


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