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The State Capture Commission said it would institute proceedings in the Constitutional Court to find former President Jacob Zuma in contempt of court for not abiding by an earlier order that he appear before the Commission.
Chairperson, Deputy Chief Justice Raymond Zondo, announced this course of action on Monday, after Zuma, via his legal team, said he would not be appearing for his scheduled testimony this week.
The former president, who wanted Zondo to recuse himself, has lodged an application in the High Court to have Zondo's decision not to recuse himself, reviewed and set aside.
Until then, he said he would not be appearing before the Commission of Inquiry into State Capture, which he himself established, while still president.
In a lengthy statement following the lunch adjourned, Judge Zondo said it was a pity that former President Zuma chose to defy the Commission and the Highest Court in the land.
"The Commission will make an application to the Constitutional Court, which is the court that made the order that Mr Zuma has defied, and seek an order that Mr Zuma is guilty of contempt of court," Zondo said.
He said if the highest court in the lands finds him guilty it could impose a prison term or a fine.
But, Zondo said: "The Commission will approach the Constitutional Court and ask it to impose a term of imprisonment on Mr Zuma if it finds that he is guilty of contempt of court."
