Zuma appeals ruling that Cyril has power to appoint NDPP

PRESIDENT Jacob Zuma believes that the North Gauteng High Court erred in law when it found that he cannot appoint the National Director of Public Prosecutions (NDPP) because he is conflicted by the string of corruption charges he faces.

Yesterday, Zuma filed an application for leave to appeal against the high court decision, which effectively gave the deputy president powers to appoint the NDPP.

“As long as the incumbent president is in office, the deputy president is responsible for decisions relating to the appointment, suspension or removal of the National Director of Public Prosecutions,” the court had declared.

In his papers, Zuma, however, argues that the ruling was in conflict with the constitution. “The court erred in law, in holding that the applicant is unable to perform his powers as president in relation to the appointment of a National Director of Public Prosecutions and yet able to perform his other functions as president. (This is) A position not authorised by the constitution,” the president argues in the papers.

Zuma further argues that the ruling creates permission whereby two people can at the same time exercise presidential powers.

“The court erred in law in holding it to be constitutionally permissible to have two presidents in the country at the same time,” he said.

Professor George Devenish said the arguments presented by Zuma for the appeal were “arguable”.

He said while the court ruling may not be stated in the constitution, it may well be implied in it. “The court may find that it is implied, but the issue is definitely arguable,” he said.

The leadership of the ANC Youth League in KwaZuluNatal also slammed the judgment earlier this week, saying it amounted to the subversion of the country’s constitution.

Thanduxolo Sabelo said the judiciary was meddling in internal ANC politics.

The Mlambo judgment is seen to be favouring Deputy President Cyril Ramaphosa whose relationship with Zuma is said to have soured.

Ramaphosa has spoken out against corruption and state capture, while those supporting Zuma have denied there was any state capture.

This week, the North Gauteng High Court ruled that Zuma was personally liable for litigation costs of the two state of capture applications.

DA leader Mmusi Maimane said yesterday the costs were believed to be about R6 million.

“This defeat for Zuma is a landmark victory for the people of South Africa. For too long, South Africans have been personally paying the extravagant legal bill of a president who – instead of leading a country – spends most of his days in court, abusing the legal process to keep himself, his friends and family in business and out of prison.”