Jacob Zuma's 'state capture' legal costs appeal bid struck off ConCourt roll with costs

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  • Former president Jacob Zuma's state capture legal costs appeal bid has been struck off the Constitutional Court roll with costs. 
  • The matter was struck from the roll on Thursday morning.  
  • Zuma's lawyers failed to file the appeal record linked to the case and their heads of argument.

The Constitutional Court has struck off the roll, with costs, former president Jacob Zuma's attempt to appeal the estimated R10 million costs order issued against him for his challenge to the constitutionality of the State Capture Inquiry.

The EFF, DA and the Council for the Advancement of the SA Constitution (Casac) asked the court to strike the matter off the roll on Thursday morning when Zuma's lawyers missed a deadline for the filing of the appeal record linked to the case as well as their heads of argument. 

EFF lawyer Kameel Premhid said: "Acting Deputy Chief Justice, as you and members of the court would be aware, we are in a strange situation where the applicant for leave to appeal has not complied with this court's directives. No record of appeal has been filed and in consequence thereof, no heads had been submitted either by the applicant himself, and certainly not by the respondents. 

"However, from the affidavits that have been filed by my clients, together with the affidavits filed by my learned friend's client, the court will be aware that we collectively take the attitude that this application, as it stands before the court today, is fatally defective and that it should be struck from the roll with costs.

"And certainly, in the position of my client, it should be struck with the costs of two counsel, where so employed." 

READ | Massive stage and hundreds of singing and dancing supporters at Zuma trial

In October last year, the Supreme Court of Appeal (SCA) dismissed Zuma's application for leave to appeal a Gauteng High Court ruling that he should be held personally liable for the costs of a failed attempt to review then Public Protector Thuli Madonsela's State of Capture Report, News24 previously reported.

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

READ | ConCourt to hear Zuma 'state capture' legal costs appeal bid

In the 2017 judgment, the High Court found that Zuma was reckless in the manner in which he dealt with Madonsela's report and slapped him with the personal costs order, believed to amount to around R10 million.

At the time, Judge President Dunstan Mlambo dismissed Zuma's application against Madonsela's report and found that the former president was compromised and had a "clear personal interest in the outcome of the inquiry".

"None of the grounds of review [in Zuma's application] have any merit," he said at the time.

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