Former president and MK Party leader Jacob Zuma says he will meet with his lawyers to determine the next steps in response to the government’s bid to recover more than R28.9 million spent on his legal fees. 

Speaking during a media briefing in Durban on Thursday, Zuma said he could not comment in detail as he had been abroad when the issue was discussed.

“When the matter was discussed, I was not there, I was abroad,” Zuma said. “I am going to be meeting my lawyers to say where we take it, so I can’t answer because I was not there. We’ve made an arrangement to meet and decide how to proceed, and you’ll get to know at that time what our approach will be.”

The state’s application follows a 2024 Supreme Court of Appeal (SCA) ruling, which found that Zuma was not entitled to taxpayer-funded legal support and must reimburse the state. The funds, amounting to more than R28.9 million, were used to cover Zuma’s legal costs in his long-running defence against charges linked to the 1999 arms deal.

Zuma’s remarks came after the Gauteng High Court in Pretoria ordered him to repay R28,960,774.34 to the State Attorney, the total amount spent on his private legal fees in the arms deal corruption case, along with interest calculated from 25 January 2024 until the date of payment.

Judge Anthony Millar ruled that Zuma must settle the amount within 60 days, failing which the State Attorney is authorised to obtain a writ of execution for the attachment and sale of his movable and immovable properties, including, if necessary, a portion of his presidential pension, subject to a further court order.

The court also directed the State Attorney to report under oath every three months on the steps taken to recover the debt until it is fully paid.

During arguments before the Gauteng High Court in Pretoria on Thursday last week, Zuma’s counsel, Advocate Thabani Masuku, questioned why Zuma should bear the burden of repayment while state officials who had authorised the payments were not held accountable.

He argued that Zuma had not obtained the money through corruption, but that it had been paid following incorrect legal advice given to the state.

“While Mr Zuma did benefit from the money, it was not his doing that it was given to him,” Masuku told Judge Anthony Millar. “Those officials who allowed the State to pay for his legal fees up until the court in 2019 put an end to this should be held liable to pay the money back, as it was irregular expenditure.”

Representing the Presidency and the State Attorney, Advocate George Avvakoumides countered that both the Gauteng High Court and the SCA had made it clear that Zuma must repay the money. He said the amount had been calculated and the process to recover it had already been initiated.

Avvakoumides said Zuma had litigated “on a luxurious scale” using public funds, adding that while the Presidency was not unsympathetic to Zuma’s position, the rule of law must prevail.

The Democratic Alliance (DA), which joined the application, insisted that interest be added to the repayment and called for Zuma’s pension to be attached if he failed to settle the debt. However, Judge Millar questioned whether such an order would be appropriate, noting Zuma’s age and his need to provide for his family.

“Mr Zuma is in his 80s. Is it appropriate for the court to make such an order?” the judge asked, adding that everyone was entitled to live and should not be driven to impoverishment.

Masuku maintained that Zuma was a victim in the matter, arguing that it was the state, not Zuma, that acted unlawfully. “He is now being confronted with paying back R28 million, but the State placed him in this position. It is not his fault,” he said.

He further told the court that it was “very odd” that state officials responsible for the payments were not being held liable, while Zuma faced the consequences.

“Those who unlawfully paid him are now coming after him. He is the victim of bias,” Masuku said. 

hope.ntanzi@iol.co.za 

IOL Politics

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