Zuma was scheduled to appear at the commission from January 18 -22. In December, the Zondo Commission took Zuma to the Constitutional Court because he left a hearing when his application to have commission chairperson Deputy Chief Justice Raymond Zondo recuse himself failed.
Justice Zondo then also instructed the head of his legal team to lay a criminal charge against Zuma for leaving the commission without permission, which is a criminal offence.
Judgment was reserved in the Constitutional Court case.
In his letter, Mabuza told the commission: “We further wish to remind the Commission respectfully that its application to the Constitutional Court did not only deal with the appearance of President Zuma but included amongst others a request for an order that President Zuma should not be allowed to exercise his constitutional right to remain silent.
“It is therefore obvious that before any suggestion can be made about the appearance of President Zuma, the Commission must await the decision of the Constitutional Court which has a bearing on President Zuma’s appearance.”
In a statement issued after his walkout last year, Zuma’s foundation claimed, without evidence, that the former president refused to legitimise a process marred by irregularities and would rather not participate than be bullied.
“Zuma assures us that he would rather face jail than allow himself to be bullied by an irregular, manipulated and unlawful process,” said the Jacob Zuma Foundation.
Last year, when Zuma launched the application for Justice Zondo to recuse himself, he claimed the judge was biased as the two were friends. This application was dismissed by Justice Zondo, who denied both claims. Zuma has taken this matter on review.