Zuma's appeal on state of capture judgment a delaying tactic - Fedusa

2017-12-23 12:23
President Jacob Zuma (Photo: Gallo Images)

President Jacob Zuma (Photo: Gallo Images)

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Johannesburg - President Jacob Zuma's appeal of the North Gauteng High Court judgment on state capture is just another delaying tactic, the Federation of Unions of South Africa (Fedusa) said.

Fedusa general secretary Dennis George said they noted that Zuma had instructed his attorneys to file an application for leave to appeal against the ruling which ordered him to set up a commission of inquiry into state capture.

"It is critical for the commission of inquiry to continue, in order for the country to deal with corruption, state capture and fraud," said George.

"Another wasteful appeal from Zuma will only undermine the country to deal with state capture, corruption and fraud.

"The Federation is of the opinion that Zuma's continued appeal is just another delaying tactic. Thus, the actions of Zuma disrespecting the Constitution is creating political and economic uncertainty affecting workers negatively, could result in further job loses."

READ: DA to oppose Zuma's state capture appeal

Opposition

In court papers filed on Friday, just days after the African National Congress during its 54th elective conference said that a commission of inquiry into state capture must be instituted urgently, Zuma argued the High Court in Pretoria erred in law when it ruled that he was ill-advised and reckless when he launched an application to set aside the Public Protector's remedial actions in the State of Capture report.

Opposition party the Democratic Alliance indicated that it would oppose Zuma's application.

"We cannot allow this abuse of court processes to become a feature of the way the president gets away with things," James Selfe, the DA's federal council chair said on Friday.

"We will once more seek a punitive, personal costs order against Mr Zuma."

READ: Zuma feels no shame, says EFF on state capture appeal

The Economic Freedom Fighters conceded Zuma's right to appeal, but welcomed the fact that he would be able to use taxpayer's money.

"As long as he is not using taxpayers' money to exhaust the legal options, his appeal must be welcomed," said EFF spokesperson Mbuyiseni Ndlozi in a statement.

"It is obvious that the man has lost all capacity to feel shame. It is not only embarrassing that he is fighting to appoint a judge in a commission that will be investigating him. It is also a perfect sign that he wishes to undermine the inquiry itself by either delaying it or undermining it from a legal principles point of view."

In the report, former Public Prosecutor Thuli Madonsela recommended that a judge appointed by Chief Justice Mogoeng Mogoeng must oversee the judicial inquiry as Zuma was implicated in the allegations of state capture through his friends, the Gupta family.

Judgment

Madonsela investigated allegations of undue influence on the state and state-owned entities by the Guptas.

A full Bench of the High Court, led by North Gauteng Judge President Dunstan Mlambo, dismissed Zuma's application against Madonsela's report and ordered that Zuma be held personally liable for the legal costs, another point of contention in the ruling that is argued by Zuma.

"The president must have realised there was no basis for him to persist with the litigation," Mlambo said.

Zuma said that the court erred by holding him personally liable for the legal costs as he was not cited in his personal capacity or given an opportunity to explain his conduct to decide on punitive ruling.

The Bench also found that Zuma's review application was ill advised and reckless.

"The facts speak for the president's clearly unreasonable stance," said Mlambo.

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Read more on:    fedusa  |  da  |  anc  |  eff  |  jacob zuma  |  pretoria  |  politics  |  state capture  |  judiciary

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