Zuma on collision course with ANC

6 JZ to appeal high court ruling on state capture

PRESIDENT Jacob Zuma is on a collision course with the ANC after he announced yesterday that he was appealing the scathing high court ruling ordering him to establish a state of capture commission of inquiry.

He has applied for leave to appeal the North Gauteng High Court judgment forcing him to implement former public protector Thuli Madonsela’s remedial action that he set up a commission of inquiry headed by a judge picked by Chief Justice Mogoeng Mogoeng.

In his application, Zuma accused the full bench of the high court of “elevating untested suspicions as fact”.

His appeal also contradicted his statement when he delivered his last political report as ANC president at the party’s national elective conference last Saturday.

Zuma said the court was mistaken by stating that due to him being implicated in state capture he could not appoint the judge to preside over the inquiry.

“In appointing a commission of inquiry, the president does not determine the issues that are to be probed (as regards the outcome of such investigations and findings). The court erred in holding that the principle of recusal applies in such a process,” said Zuma.

Following the judgment, the ANC urged Zuma to implement the court’s order that he set up a commission of inquiry into state capture without delay.

The ANC said such a commission was in the country’s best interest and would provide everyone an opportunity to tell their side of the story.

The DA, which was the second of three complainants in Madonsela’s state capture probe, said it was appalled and shocked by Zuma’s decision.

“The case has no merit. He is simply trying to delay the inevitable,” said DA federal executive chairperson James Selfe.

He said his party would oppose the appeal and would also be seeking a punitive cost order against Zuma.

Earlier this month, Zuma was ordered to pay the costs of his unsuccessful court application for a review of Madonsela’s State of Capture remedial action. The DA estimated that the costs would be about R6 million.

Zuma’s appeal followed reports the new ANC national executive committee ( NEC) was considering recalling him.

But political analyst Ralph Mathekga warned the NEC was still packed with Zuma allies, and they could oppose new ANC president Cyril Ramaphosa, although a realignment of loyalties might occur.

Jacob Zuma