Cape Argus

Zuma wants to keep state-funded millions for trial

- LOYISO SIDIMBA loyiso.sidimba@inl.co.za

FORMER president Jacob Zuma yesterday took his fight to retain millions of rand in state-funded legal services for his criminal prosecutio­n to the Supreme Court of Appeal (SCA).

Zuma is trying to overturn the decision of the full bench of the North Gauteng High Court – Judge Piet Meyer, Deputy Judge President Aubrey Ledwaba and Judge Elizabeth Kubushi – which declared that the state was not liable for his legal costs incurred in his personal capacity.

In their December 2018 ruling, the judges reviewed and set aside the decisions taken by the Presidency and the Office of the State Attorney between June 2005 and March 2018 for the government to cover Zuma’s legal costs incurred personally in applicatio­ns relating to his criminal prosecutio­n.

The legal costs incurred have been calculated to be between R16.8 million and R32m.

The high court also directed the state attorney to compile a full and complete accounting of all the legal costs incurred by Zuma in his personal capacity and take all the necessary steps to institute civil proceeding­s to recover them.

However, Zuma asked the SCA whether it was in the interests of justice for the high court to overlook the unreasonab­le delay by the DA in institutin­g its review applicatio­n.

According to Zuma, the Promotion of Administra­tive Justice Act of 2000 only makes provision that the period of 90 days that applicatio­ns should be lodged may be reduced or the 90 days or 180 days may be extended for a fixed period.

However, this can only be by agreement between the parties or, failing such agreement, by a court or tribunal, on applicatio­n by the person or administra­tor concerned.

The act also allows the court or tribunal to grant an applicatio­n where the interests of justice require.

Zuma also argued that it was not in the interests of justice for the high court to overlook the unreasonab­le delay by the DA and the EFF to institute their review applicatio­ns under the principle of legality.

According to the former head of state, the DA became aware of the decision to fund the legal costs in his personal capacity in September 2008 and the EFF did not bring its applicatio­n in reasonable time as the move dates back as far as 2006.

The two opposition parties believe that the State’s decision to fund Zuma’s legal costs in the criminal trial and related litigation violated the State Attorney Act of 1957 and Treasury Regulation­s.

The full bench agreed with the DA and the EFF that the requiremen­ts of the State Attorney Act were not met in Zuma’s case as the details of his criminal case relate to transactio­ns that were in his personal capacity and not on the government’s behalf.

”It cannot be said to be in the government’s interest or in the public interest to have appointed private attorneys for Zuma and for the state to fund his private legal costs in defending the 18 criminal charges including racketeeri­ng, corruption, money laundering, fraud and tax evasion and in the related civil proceeding­s,” the judges found.

The SCA is yet to pass judgment.

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JACOB Zuma

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