Ngcukaitobi further said Mnguni should dismiss Zuma’s application as the case was being heard in the wrong court.
However, he said, the former president can still approach the Constitutional Court to suspend the execution of the arrest orders against him.
“So [Zuma] cannot complain if your lordship dismisses the application on the basis that there is no jurisdiction. He still has today, he still has tomorrow to approach the Constitutional Court for the stay or suspension. He can even do it by way of letter… he has many, many alternatives,” he said.
On Zuma’s potential arrest, Ngcukaitobi said if Zuma did not present himself to the authorities by midnight on Wednesday, the police must arrest him regardless of the letter Police Minister Bheki Cele sent to the Constitutional Court.
Cele on Monday evening said they would “hold further actions” and not comply with the Constitutional Court’s instruction to arrest Zuma for failing to present himself to the police to begin serving his sentence.
Ngcukaitobi said Cele would be breaking the law by not arresting Zuma, describing Cele’s letter as “nonsensical”, further adding that the police were oblige to carry out the Constitutional Court’s order.
The advocate said the fact that the Constitutional Court’ would hear his rescission application was no reason for Zuma not to comply with the order.
He added that Zuma was never entitled to refuse to hand himself over to police.
By Molefe Seeletsa - Additional reporting by Bernadette Wicks
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