Court condemns Zuma’s conduct

PRETORIA: The High Court in Pretoria yesterday condemned President Jacob Zuma’s conduct during his abortive 2016 bid to interdict then Public Protector Thuli Madonsela’s state capture report.

“My view is that in this case a simple punitive costs order is not appropriate. I say this because that would make the taxpayer liable for costs. This is a case where this court would be justified in finding that this (is an) unwarranted instance for the taxpayer to carry that burden,” Judge President Dunstan Mlambo read out the judgement on behalf of a full bench in the High Court.

“The conduct of the president, and the context of the litigation he initiated requires sterner rebuke. There is not the slightest doubt that, properly considered, the background of the matter and the circumstances of the litigation show that the president had no acceptable basis in law, and in fact, to have persisted with this litigation.”

Mlambo said Zuma’s conduct “amounts to an attempt to stymie the fulfilment of a constitutional obligation by the office of the Public Protector”.

Mlambo said Zuma had compounded matters when he persisted with the litigation, “based on a supposed typing error” after initially conceding that Madonsela’s report be released.

The court ruled Zuma must personally be held liable for the costs of the 2016 court bid which sought to interdict the release of Madonsela’s state capture report.

Delivering a unanimous judgment on behalf of a full bench of high court judges, Mlambo said the stance adopted by Zuma on the status of the report was “completely unreasonable”.

He said there was no basis for Zuma’s application to interdict the release of the report.

“The President’s persistence to continue with the application (for an interdict against the public protector) amounts to abuse of judicial process,” said Mlambo.