GOOD WELCOMES SCA DECISION THAT STATE MUST RECOVER LEGAL FEES FROM FORMER PRESIDENT ZUMA

STATEMENT BY BRETT HERRON, GOOD SECRETARY-GENERAL AND MEMBER OF THE WESTERN CAPE PROVINCIAL PARLIAMENT

13 April 2021

GOOD WELCOMES SCA DECISION THAT STATE MUST RECOVER LEGAL FEES FROM FORMER PRESIDENT ZUMA

Today’s judgement by the Supreme Court of Appeals confirming the order that the State must recover at least R15 million in costs from former President Zuma asserts the important legal principle that public money may not be abused by public figures to avoid accountability.

It is a gross abuse of state resources for anyone holding a senior position in the state to expect the state to fund limitless litigation when they are accused of wrongdoing for personal benefit.

All South Africans have an equal right to defend themselves against accusations. Zuma’s legal strategy however has been described as a “Stalingrad Defence” in which technical and procedural matters are disputed, delayed and appealed to avoid litigating the merits of the case.

This very costly strategy is enabled by access to a deep well of money, such as the state fiscus. It is not a strategy people are likely to follow when funding legal fees from their own pockets.

The South African justice system is robust and protected by a progressive constitution. But access to due process should not be open to abuse in order to delay accountability.

Today’s judgment sets an important precedent.

President Zuma did not commit the wrongdoing of which he is accused in the exercise of a public, or administrative function, and there is therefore no basis for South African taxpayers to pick up the tab.

Ends…