Former president Jacob Zuma and the Jacob Zuma Foundation have approached the courts to review and set aside the "inexplicable" appointment of Chief Justice Raymond Zondo.

The foundation announced late on Tuesday night that it had launched an application against President Cyril Ramaphosa in a bid to have his conduct in appointing Zondo declared unconstitutional and to have the appointment process reviewed.

However, the Council for the Advancement of the South African Constitution's Dan Mafora does not believe there are any grounds for Zuma's claims.

Jacob Zuma Foundation spokesperson Mzwanele Manyi said in a statement: "According to publicly available evidence, the current chief justice scored the lowest number of votes from the JSC (Judicial Service Commission) following the week-long interviews. Yet Mr Ramaphosa allegedly acted irrationally in ignoring the advice of the JSC and appointing him despite being effectively declared as unsuitable for the position and the poor showing he made at the public interview."

Mafora explained that the appointment of a chief justice is a discretionary power of the president and that the JSC only plays an advisory role in the process.

He said the claim that Zondo had a low score and therefore should not have been appointed was "completely confused", as there was no legal basis for the JSC to even have scored candidates in this way.

"It's a very strange decision that the foundation has taken, and it's particularly curious that it was taken with Zondo well into his second term and close to retirement," Mafora said.

He believes the litigation is a "deliberate attempt to undermine confidence" in the chief justice and the courts in general.

"It is a hopeless case. The foundation and its lawyers know it is a hopeless case. It's political theatre aimed at cultivating a lack of confidence in courts and leadership of the courts," Mafora said.

The Jacob Zuma Foundation expects Ramaphosa and the JSC to provide the record of proceedings and deliberations during the appointment process.

"[Ramaphosa] will be called upon to dispel the allegations or suspicions that Zondo was unduly rewarded for absolving Ramaphosa for his role in the Bosasa/CR17 scandal, among other things, in the so-called state capture commission report," said Manyi.

"He must also explain why he overlooked a woman candidate when she had, in any event, received the highest votes. Such conduct is in breach of the equality clause (Section 9 of the Constitution) and Section 174(2) of the Constitution, both of which prohibit gender discrimination."

JSC spokesperson Advocate Sesi Baloyi declined to comment.

The Presidency had not responded at the time of publication. Its comment will be added when received.

Ramaphosa appointed Zondo as the chief justice in March 2022, after the JSC recommended Judge Mandisa Maya for the position.

At the time, the Presidency said the decision followed "consultation with the JSC and leaders of parties in the National Assembly on the four nominees for appointment as chief justice".

Zondo was shortlisted with judges Maya, Mbuyiseli Madlanga and Dunston Mlambo.

Zondo's interview descended into a screaming match between Justice Minister Ronald Lamola and Economic Freedom Fighters leader Julius Malema.

The JSC was widely criticised for recommending Maya, with several commentators pointing out that the president was not constitutionally obliged to follow this recommendation.

News24 previously reported that some felt the JSC had overstepped its constitutional responsibilities by making a recommendation instead of simply evaluating the candidates selected by Ramaphosa and providing their input to him.

The organisation is just one of several structures the president consults in the selection process.

Ramaphosa's engagements also included those with leaders of political parties in the National Assembly.

Professor Helen Kruuse of Rhodes University said the process followed by the president was more than what the law required: He opened the interview process to several candidates when that wasn't necessary.

At the time of the interviews, Kruuse wrote to the chairperson of the proceedings, acting Supreme Court of Appeal Judge President Xola Petse, raising concerns about, among other things, "the sexist nature of questions" posed to Maya and the apparent unfair targeting of Mlambo.

Regarding the Jacob Zuma Foundation's legal bid, Kruuse said it "has not let the law get in the way of a good story".

"The JSC's recommendation is but one of a number of factors the president takes into account when making the appointment.

"I think we will find the president's reasons eminently rational. It appears that the president focused on continuity and stability in the highest court by [appointing] the then-deputy chief justice. In this way, Maya – who has not been a member of the court – could settle in as deputy to Zondo and it would provide her with time to take her place as chief justice in due course, given Zondo's short term," Kruuse said.