Judgment deferred in JZ’s appeal
UDM, Cope want R10m costs order upheld
THE leave to appeal an application by former president Jacob Zuma against footing the R10 million costs order awarded against him in his personal capacity should be turned down.
This is according to advocate Dali Mpofu who opposed the leave to appeal application on behalf of the United Democratic Movement and Cope. He said the full bench (three judges) led by Gauteng Judge President Dunstan Mlambo was correct in finding that Zuma had acted recklessly when he challenged the remedial action of the public protector regarding the State of Capture report.
Then public protector Thuli Madonsela, among other things, called for a commission of inquiry into state capture, but she made it clear that Zuma was not to appoint the commission as he was implicated in her report.
In turning down Zuma’s review of the report, Judge Mlambo at the time and during a scathing judgment, awarded a punitive costs order against Zuma in his personal capacity.
It is in regard to this order that Zuma yesterday asked the same judges for permission to appeal their findings before the Supreme Court of Appeal in Bloemfontein.
Advocate Muzi Sikhakhane SC, one of the two senior counsels who represented Zuma yesterday, was adamant that there were prospects of success on appeal. He said another court may well hold a different opinion on whether Zuma was reckless when he asked the court to review Madonsela’s report.
He said Zuma was in fact a champion for the Constitution when he challenged the report. He said Zuma simply wanted to ensure that the remedial action called for was sound in law.
Sikhakhane said at the heart of the application was not whether the grounds for review of the public protector’s report were good or not, but whether in instituting the review Zuma was reckless.
He argued that it was within Zuma’s rights to turn to court if he was concerned about an aspect in the report, as he wanted to obtain judicial clarity. He said the commission would cost around R200m and Zuma wanted to ensure that all was in order before these costs were incurred.
Judge Mlambo reserved judgment.