The Zondo commission of inquiry has asked in its Constitutional Court application, inter alia, for an order that former president Jacob Zuma may not refuse to answer questions when he takes the stand to testify before it for two weeks in the new year.

The secretary of the commission, Itumeleng Mosala, states in an attached affidavit supporting the court application filed on Thursday that Zuma has frustrated and attacked it and through this conduct undermined the rule of law.

The application to the court follows fresh summons being served on Zuma last week to call him to testify from January 18 to 22 and again from February 15 to 19.

It seeks to prevent, under threat of arrest, a repeat of any of the conduct displayed a fortnight ago when Zuma stormed out of the inquiry without permission and failed to appear the following day despite being under summons.

Zuma and advocate Muzi Sikhakhane left without being excused on November 19 after Deputy Chief Justice Raymond Zondo dismissed their application that he recuse himself.

Sikhakhane had warned Zondo during argument that should his client be forced to testify before the judge, who they accused of having forsaken objectivity, he put him on the stand only to remain “silent”.

Mosala has now asked the Constitutional Court to include in the order he seeks, a directive that: “The respondent shall answer any questions put to him by the evidence leader(s) and the chairperson of the commission, subject to the privilege against self-incrimination, and may not rely on the right to remain silent.”

The order would also oblige Zuma to report for testimony at 10am every day, for the full 10 days that he is being called.

The application finds an argument for direct access to the Constitutional Court, which legal experts are not sure the commission will be granted, in section 167(4) of the Constitution, which stipulates that only the highest court has the power to rule whether the president of the country complied with his lawful duties.

Mosala argues in his affidavit that the duty to account for whether Zuma upheld the law and the Constitution during his years in office did not fall away on the day in 2018 that Zuma stepped down as president.

He also invoked the Bill of Rights, saying that the former president therefore had a duty to inform the commission and the country whether state money meant to give effect to socio-economic funds were lost to corruption.

More than 30 witnesses have implicated Zuma in corruption scandals being investigated by the commission.

The court application asks that, given the urgency of the matter, the former president be given only five days to indicate whether he intends to oppose the application.

Mosala asked the court to rule that Zuma should carry the cost of the application.