Former President Jacob Zuma says the High Court in Pretoria has failed to exercise proper judicial discretion when it delivered a damning order against him. Zuma has now approached the Supreme Court of Appeal (SCA) in Bloemfontein.
He is challenging the December 2017 High Court ruling which ordered him to personally pay the costs of his failed attempt to stop the release of the “State of Capture” report by former Public Protector Thuli Madonsela.
In papers before the SCA, the former President has argued that his court action was justified. He contends that he was of the view that former Public Protector, Thuli Madonsela, sought to re-allocate his constitutional roles and that punitive costs order against him in his personal capacity raised constitutional issues.
Zuma is adamant that it could never be reckless and unreasonable for the President to seek to establish whether the chief justice could participate in the process of the establishment of a commission of inquiry in terms of the constitution.
Madonsela’s report led to the establishment of the State Capture Commission of Inquiry, headed by Deputy Chief Justice, Raymond Zondo.
Ironically then President Zuma authorised the very same commission.
The Council for the Advancement of the South African Constitution believes Zuma has failed to raise issues of conflict of interest in his SCA papers and that the High Court judgment was unassailable and properly reasoned.
In their papers before the SCA, the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) claim that Zuma’s alleged improper conduct was to pursue a personal agenda to benefit himself, his family and his associates from being held accountable.
The appeal hearing is likely to take place in August.
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