It is a historic court ruling for South Africa: Former President Jacob Zuma was sentenced on Tuesday by the country's Constitutional Court to 15 months in prison for disregarding the judiciary and repeated attacks on the dignity of the judiciary. The 79-year-old former head of government had to be at a police station within five days, said constitutional judge Sisi Khampepe in the Johannesburg court on Tuesday. If he does not comply with this request, the police minister must make all the necessary arrangements for an arrest. For two years Zuma has stubbornly refused to testify before a commission of inquiry dealing with the corruption affairs during his tenure. Finally, the Commission turned to the Constitutional Court,to force the former head of government to do so. But even his decision to answer a summons as a witness failed to achieve its goal.

Claudia Bröll

Freelance Africa correspondent based in Cape Town.

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    In South Africa, the many affairs during Zuma's nine-year term in office are referred to as “state capture”.

    An Indian family of entrepreneurs and other friends of the president not only enriched themselves immensely during this time, but also controlled large parts of the state apparatus from the background.

    The incumbent President Cyril Ramaphosa recently estimated the damage to the state at the equivalent of 30 billion euros.

    Under increasing pressure from the public and from his own party, Zuma himself set up the commission of inquiry and finally resigned in 2018.

    He himself rejects all allegations.

    "Contemptible" and "Scandalous"

    The judge accused the former president in unusually sharp words of having "blatantly" disregarded court decisions. His behavior towards the judiciary was "contemptible" and "scandalous", he had presented "peculiar" reasons that served to confuse the public and portray himself as a victim. "Nobody is above the law," said Khampepe. A former president has a special responsibility to uphold the Constitution and the law. If the Constitutional Court does not take the consequences, the judiciary threatens to become “ineffective and powerless”.

    Zuma appeared before the investigative commission for the first time in July 2019. However, he had avoided the questions of judge and commission chairman Raymond Zondo at the time because he allegedly could not remember or did not know the answers. He described witnesses who testified against him as "spies". He had rejected further subpoenas with ever new excuses because he supposedly did not feel well or was prevented from attending. He later accused Zondo of being prejudiced over personal relationships with his family. He reappeared before the commission last November, but instead of answering questions, his lawyers called for the chairman to resign. When he refused, Zuma got up and left the hall.

    The former president also failed to comply with a request by the Constitutional Court in April to submit an affidavit stating an appropriate sentence in the event of a conviction. Instead, he wrote in a 21-page emotional letter to the country's chief justice that he would rather go to prison than submit to the commission. He will be the "first prisoner of the Constitutional Court". The charge of disregard for the court was a "hoax" and the Constitutional Court was involved in "political gimmicks".

    With regard to the sentence, the constitutional judge said it was "naive" to believe that a suspended sentence would have the desired effect. Rather, Zuma will intensify its attacks on the judiciary. It would send a dangerous signal that "those who defy court orders can enjoy impunity". The public has an interest in Zuma appearing before the Commission. But they also have an equal, if not greater, interest in protecting the rule of law. The investigative commission had asked for a two-year prison sentence. Commentators called the decision a "sad but proud moment for South Africa's democracy". Nobody should be happy if a former president goes to jail,but "the strength of the rule of law and the independence of the courts is something wonderful," wrote Richard Calland, professor of law at the University of Cape Town, on Twitter. South Africa is a constitutional state with largely independent courts and one of the most modern constitutions in the world.

    The ruling African National Congress (ANC) announced that it would study the verdict and called on party members to calm down. “This is undoubtedly a difficult phase for our movement”. The party leadership will deal with it this weekend. "We reaffirm our commitment to upholding the rule of law and fulfilling the aspirations of our constitutional democracy." Ramaphosa has made the fight against corruption a major concern. But Zuma still has many supporters in South Africa.