The South African Communist Party (SACP) will definitely not be by former president Jacob Zuma's side when he appears before the Durban High Court on Friday.

This has been confirmed by SACP general secretary Blade Nzimande, who was once a long-time ally of Zuma, and was key in ensuring the former president's rise to power in 2007.

He made the comments on Wednesday afternoon outside the home of African National Congress (ANC) struggle icon Winnie Madikizela-Mandela in Soweto after paying his respects following her passing on Monday.

The 81-year-old died in hospital following a long illness.

"We are of the view as the SACP that we really do need to respect the courts," said Nzimande who was a one-time critic of the country's judiciary.

Although the communist party's general secretary was reluctant to touch on the 2009 corruption charges, which Zuma will face once again this week, he said the party genuinely believed that state institutions were being abused to fight a political battle against the former president.

Abuse of state institutions

Zuma has to answer to 16 charges of corruption relating to 783 questionable payments made to him in connection with the controversial multibillion-rand arms deal.

Then head of public prosecutions Advocate Mokotedi Mpshe dropped the charges against Zuma, based on telephone recordings referred to as the "spy tapes", which he had received from the former leader's legal representatives. The phone transcripts, which they said showed political interference, were conversations between then head of the specialised policing unit, the Scorpions, Leonard McCarthy and former head of the National Prosecuting Authority Bulelani Ngcuka regarding the corruption, racketeering and money laundering charges.

"At the time we were really convinced that there was serious abuse of state institutions to fight and battle internal scores," said Nzimande.

"We did not take up the battle in relation to comrade Zuma," he insisted.

He added that the SACP would continue to fight against the abuse of state institutions, especially when there was an attempt to use them to settle political scores.

A symbol of unity

Reflecting on Madikizela-Mandela's life, Nzimande said it was even more saddening that her death had come at a time when the liberation movement was "trying to rebuild itself after going through a terrible period that was threatening to tear the ANC and the alliance apart".

He described the passing of the iconic liberation heroine as a loss to the nation as a whole.

Nzimande said Madikizela-Mandela had played her part and had done what was supposed to be done at the time, despite the brutality meted out by the apartheid-era government.

"Through her name we will deepen our efforts to unite the ANC and to unite the alliance and use her as a symbol of unity for our movement," said Nzimande.

He added that without unity the gains of the 106-year-old liberation movement would be reversed.