Ekurhuleni mayor Mzwandile Masina says the state capture inquiry is not above the law and must not be exempt from being questioned.

Masina said this on Monday as South Africans reacted to former president Jacob Zuma’s refusal to appear before the inquiry chaired by deputy chief justice Raymond Zondo.

“People must not confuse respecting the state capture inquiry from it being questioned. It’s not above the law. If there are some serious questionable acts, we will ask,” Masina said before reiterating, “We respect the commission, get that right.”

Zuma was expected to testify from February 15 to 19, but his legal team issued a statement just before the proceedings were due to commence on Monday. It cited his historical and personal relationship with Zondo.

His legal team said Zuma is waiting for a court decision regarding Zondo’s refusal to recuse himself from the inquiry.

“Appearing before DCJ Zondo, in the circumstances, would undermine and invalidate the review application over his decision not to recuse himself.

“We also place on record that the review application was not before the Constitutional Court and, accordingly, was not considered, determined and or adjudicated by that court.”

Zondo said the court must impose a term of imprisonment if the former president is in contempt of court. He said Zuma’s behaviour should not be allowed to prevail as it could promote lawlessness.

“There may be other people who will decide to follow his example when they are served with summons in other court processes. If the message that is sent out is that people can ignore or disregard summons and orders of courts with impunity, there will be very little that will be left of our democracy,” he said.

EFF deputy president Floyd Shivambu also questioned Zondo’s call for Zuma’s arrest and asked whether the courts don’t allow people to appeal.

Former DA leader Mmusi Maimane said Zuma must face the music.