jacob zuma rescission

Photo: GCIS/Kopano Tlape

What is a ‘rescission’, and can it keep Jacob Zuma out of jail?

Jacob Zuma knows a thing or two about a recession – but it would appear he is now flirting with a ‘rescission’, in a bid to spare himself a prison sentence.

jacob zuma rescission

Photo: GCIS/Kopano Tlape

As Jacob Zuma mulls every last available option on the table for him ahead of a 15-month jail term, it seems his legal team will be putting their chips on a rescission order – meaning quite a few of us have learned a new word today.

What is rescission?

It’s understood that Zuma and his representatives are looking to launch an ambitious appeal against the unappealable – by asking ConCourt to review the decision it handed down on Tuesday. This would be done by securing a rescission, which would force the bench to RESCIND the original judgment, on the basis of it being ‘erroneous or ambiguous’.

The court may, in addition to any other powers it may have… rescind or vary:

– An order or judgment erroneously sought or granted in the absence of any party affected thereby.

– An order or judgment in which there is ambiguity, a patent error, or an omission.

– Or, an order or judgment granted as the result of a mistake common to the parties.

Any party desiring any relief under this rule shall make an application therefore upon notice to all parties whose interests may be affected by any variation sought. The court shall not make any rescissions unless all parties have been notified.

Is rescission the right decision, or just a desperate submission?

Legal expert Ulrich Roux is highly sceptical this will work, however. He told Jacaranda FM that Jacob Zuma was relying on ‘absolute nonsense’ to spare himself a prison term, and according to him, the time to present his case is long gone:

“It’s absolute nonsense. Zuma was given numerous opportunities to present his case against the contempt application.

“Zuma was also given multiple opportunities to testify at the Zondo commission so he is not held in contempt of the Constitutional Court order. He elected to ignore that, so there are absolutely zero grounds for this application or for it succeeding. The court’s order stands.”

Jacob Zuma latest: ‘Fair trial’ defence could also be used

If a rescission fails, as predicted by many in the judicial fraternity, the Jacob Zuma Foundation is already framing its next line of defence. They are bemoaning the fact that uBaba did not undergo any trial before his incarceration. What their Tweet fails to acknowledge, however, is the countless number of times he skipped crucial court and inquiry hearings…