https://www.polity.org.za
Deepening Democracy through Access to Information
Home / News / South African News RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by

Close

Article Enquiry

Zuma loses supreme court appeal against a personal costs order made over Madonsela report

Verification Image. Please refresh the page if you cannot see this image.
Close

Embed Video

Zuma loses supreme court appeal against a personal costs order made over Madonsela report

Photo by Reuters
Former President Jacob Zuma

30th October 2020

By: News24Wire

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

The Supreme Court of Appeal has dismissed former president Jacob Zuma's leave to appeal a ruling by another court, which stated he was reckless in instituting a review of then public protector Thuli Madonsela's State of Capture Report in 2016.

Zuma had applied for leave to appeal an order by a full bench of the Gauteng High Court in Pretoria, which had directed him to pay, in his personal capacity and on a punitive scale, the costs of a failed application to review and set aside a decision by Madonsela at the time.

Advertisement

In terms of Madonsela's decision, Zuma was required to appoint a commission to conduct an inquiry into allegations of corruption involving him as the head of state as well as senior officials in the government.

In a judgment handed down on Friday, Judge A Schippers dismissed the matter with costs.

Advertisement

"The respondents submitted that Mr Zuma's conduct in proceeding with this application, and his attempt to relitigate the merits of the review, constitute an abuse of process," Schippers said.

Error

"There is force in this submission, given that in both the review application and these proceedings, Mr Zuma sought to justify the impermissible, rather than accept the error of his challenge.

"And it cannot conceivably be in the interests of justice to permit Mr Zuma to pursue an appeal against the costs order, in circumstances where the launch of the review application was reckless and motivated by personal interests.

"His delay in establishing the commission of enquiry into serious allegations of state capture was prejudicial both to the public and national interest, and subversive of our democratic ethos.

"For all these reasons, a punitive costs order in this application is justified. The applicant has not established a reasonable prospect of success on appeal. It is therefore unnecessary to consider the high court's refusal to condone the late filing of the application for leave to intervene.

"The following order is issued: The application for leave to appeal is dismissed with costs, including the costs of two counsel on the scale as between attorney and client," Schippers said.

EMAIL THIS ARTICLE      SAVE THIS ARTICLE

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now