Former President Jacob Zuma will continue to fight for his constitutional rights and to seek justice from fair-minded courts that remain true to the principles of our Constitution and he may even seek damages from the State.

This is according to the JG Zuma Foundation, which has expressed its deep disappointment and firm protest against last week’s Gauteng High Court, Pretoria judgment in which Judge Anthony Millar ordered Zuma to pay R28.9 million in legal fees accumulated by him.

The court also ordered that interest must be paid on this amount, which is expected to run into millions. This is to reimburse the State for the bill it had footed over the years to fund his private lawsuits. Zuma was given 60 days in which to pay the money back.

It was also ordered that in the event that Zuma fails to satisfy the judgment debt in the given time, the State Attorney can attach his assets, including his home and a portion of his pension benefit, to foot the bill.

The JG Zuma Foundation criticised the judgment in a statement issued on Sunday and said in its own findings, the high court held that the State acted unlawfully and unconstitutionally in relation to the payment of Zuma’s legal fees.

Yet, it added, in a troubling contradiction, the court proceeded to hold Zuma personally liable for the consequences of that very unconstitutional conduct. The foundation is of the opinion that the court’s reasoning, that Zuma “benefited” from the State’s “unlawful conduct”, is fundamentally flawed.

“There can be no benefit where a citizen is now punished and made to pay for the State’s unconstitutional actions. The undeniable fact is that President Zuma derived no benefit whatsoever from the payments made by the State, which are now being claimed from him,” the statement read.

The foundation said that instead of applying the Public Finance Management Act (PFMA) to hold the responsible officials accountable for unauthorised expenditure, the court excused this, shifting the entire burden onto an innocent party.

“This approach reflects a concerning lack of balance and a failure to uphold the constitutional principles of fairness and accountability,” the foundation said. It added that the court failed to exercise its broad constitutional discretion under section 172 of the Constitution, which empowers it to grant orders that are just and equitable when dealing with unconstitutional conduct.

It also expressed concern that the court granted an order for Zuma to pay interest on the R28.9 million, as asked for by the Democratic Alliance. By granting this, the court ignored established jurisprudence and fairness, the foundation said.

In its opinion, a constitutionally compliant order would have recognised Zuma’s rights and absolved him of any liability for conduct that was not his own. “President Zuma is entitled to consider pursuing a damages claim against the State for the immense financial and personal harm he continues to endure because of this injustice”.

“A judgment that holds a citizen financially responsible for the State’s unconstitutional conduct fails the most basic test of fairness and justice…The foundation remains confident that true justice will ultimately prevail, and that no citizen should ever suffer for the unlawful conduct of the State,” it said in the statement.

zelda.venter@inl.co.za

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