Judge Mlambo: Zuma's application amounts to abuse of judicial process

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by the Public Protector undermines the very basis for the President's litigation, which means that his application was no longer valid.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


Recommended

by NEWSROOM AI

702 welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the 702 community a safe and welcoming space for all.

702 reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

702 is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
Zuma must pay costs for bid to halt state capture report

Zuma must pay costs for bid to halt state capture report

Judge President Dunstan Mlambo says Jacob Zuma acted in flagrant disregard for the duties of the Public Protector.

Court rejects bid to nullify EC ANC conference, but pending legal cases remain

Court rejects bid to nullify EC ANC conference, but pending legal cases remain

Pending cases against provincial ANC leadership in at least four provinces have yet to be resolved.

[LISTEN] Lawyer explains Free State ANC legal dispute

[LISTEN] Lawyer explains Free State ANC legal dispute

Hanno Bekker, Attorney for disgruntled Free State ANC members explains why they're facing litigation ahead of the conference.

Instead of investigating state capture they are investigating me - Jacques Pauw

Instead of investigating state capture they are investigating me - Jacques Pauw

Journalist and author Jaques Pauw says he doesn't understand why he being investigated and summoned to appear before police.

Political desk:  No running away from Eskom Inquiry - Karima Brown

Political desk: No running away from Eskom Inquiry - Karima Brown

Deputy Minister of Public Enterprises Ben Martins refused to testify at inquiry as he believes a written submission will suffice.

Eskom Inquiry: Committee chair rattled by Hawks presence

Eskom Inquiry: Committee chair rattled by Hawks presence

The committee’s acting chairperson Zukiswa Rantho revealed Hawks officials had arrived at the inquiry to question her.

Popular articles
Vigilante mob attacks alleged criminals in Daveyton

Vigilante mob attacks alleged criminals in Daveyton

Tensions are rife in the East Joburg township as the community attacked and killed criminals.

[WATCH] Dad uses a drone to pull out son's tooth

[WATCH] Dad uses a drone to pull out son's tooth

Khabazela shares YouTube videos gone viral including a barmaid hitting a colleague who slapped her rear during a routine.

'There is no way Magnus Malan could've done the things he is accused of'

'There is no way Magnus Malan could've done the things he is accused of'

Former police minister Adriaan Vlok has rejected accusations that former minister Malan was at the centre of a paedophile ring.

[Listen] Lottery responds to Tshepo's fraud claims

[Listen] Lottery responds to Tshepo's fraud claims

Philemon Letwaba says Tshepo's case relates to some of the issues that they are dealing with on a daily basis.

[WATCH] Kid goes from 'be a fart machine at work' to 'I love you dad'

[WATCH] Kid goes from 'be a fart machine at work' to 'I love you dad'

Khabazela shares tweets & videos that have gone viral including a parrot that told firefighters the F-word during its rescue.

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

[WATCH] Is it a cow's penis or an udder? Well, this kid thinks it's a penis

Check out the videos, tweets, Facebook posts that have gone viral and why this kid cheered her dad on in the toilet.