The North Gauteng High Court decided on Wednesday to dismiss with costs President Jacob Zuma’s application to set aside the Public Protector’s (Thuli Madonsela) remedial action that the Chief Justice appoints a judge to preside over a state capture commission of inquiry.
Zuma argued that as President only he has the power to make such decisions.
The President’s legal team also argued that the Public Protector’s State of Capture report was not final because Zuma was not given an opportunity to respond to the allegations. Therefore the remedial action should be declared invalid.
EWN reporter, Barry Bateman reporting from the Northern Gauteng High Court explains the court proceeding on this matter.
It emerged at the time that the matter was actually final. The fact that the report was signed off and confirmed by the Public Protector undermines the very basis for the President's litigation, which means that his application was no longer valid.— Barry Bateman, EWN reporter
However, he persisted with his application and it was ultimately dismissed.— Barry Bateman, EWN reporter
It was then that the DA brought back the matter in court that the President should be held personally liable for the costs.— Barry Bateman, EWN reporter
Judge Mlambo found that from the point that the President knew he no longer had a case but persisted, this amounted to abuse of judicial process and his motive at the time was to stymie the constitutional purpose of the Public Protector - the action was of such a serious nature by the President and he should be held personally liable for the costs.— Barry Bateman, EWN reporter
To hear more of this report by Barry Bateman, listen below:
This article first appeared on CapeTalk : Judge Mlambo: Zuma's application amounts to abuse of judicial process