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Judge lambasts Zuma, orders him to pay costs of state capture report

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Jacob Zuma. Picture: Siphiwe Sibeko/Reuters
Jacob Zuma. Picture: Siphiwe Sibeko/Reuters

Jacob Zuma has been held personally liable for all legal costs in his challenge over the Public Protector’s State of Capture report and was lambasted by a judge for an “unreasonable stance adopted” by a president.

The North Gauteng High Court handed down judgment this morning on Zuma’s legal challenge to the constitutionality of the Public Protector’s State of Capture report.

The report, which was compiled by former Public Protector Thuli Madonsela, compelled Zuma to appoint a commission of inquiry to investigate state capture – to be headed by a judge chosen by Chief Justice Mogoeng Mogoeng.

Madonsela made the recommendation in her report on investigations into whether Zuma’s friends, the controversial Gupta family, had undue influence on the executive.

Judge Dunstan Mlambo ruled that Zuma must personally pay the legal costs incurred in trying to block the release of the report.

He said a simple punitive costs order wasn’t appropriate because this would burden the taxpayer.

Mlambo rebuked Zuma, saying he had attempted to interfere with the Constitutional obligation of the Public Protector.

Judgment on the case was reserved in September, where Zuma’s advocate Ishmael Semenya, SC, said the crux of his client’s argument against implementing the remedial action of the report was that it would be unconstitutional to do so.

He argued that the Public Protector “does not enjoy the power under the Constitution of telling Zuma to establish an inquiry and that the chief justice will appoint the judge”.

“That’s why the president has consistently and persistently said the remedial action is unconstitutional and will not implement it, but take it on review,” Semenya said.

The Democratic Alliance also sought a declaratory order that Zuma’s conduct in delaying the establishment of the commission was unconstitutional.

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