Court asked to reinterpret “fairness” of Zuma’s R28m repayment order

Advocate Thabani Masuku arguing at the High Court in Pretoria.

Counsel for former President Jacob Zuma, Advocate Thabani Masuku, says the High Court in Pretoria should reinterpret the fairness of orders compelling Zuma to repay approximately R28 million to the state.

The money was applied for by the Presidency and approved by the State Attorney for Zuma’s private legal fees for over 20 years.

Following a review by the Democratic Alliance and the Economic Freedom Fighters (EFF) of the practice, the High Court in December 2018 and the Supreme Court in April 2021 ruled that Zuma must be made to pay.

However, Masuku says it is the state that is the perpetrator of unlawful conduct, including the contravention of the Public Finance Management Act.

“When this court is now confronted with the question which the Supreme Court of Appeals says may well be a just and equitable remedy, it should not close the door to the defenses raised against Mr. Zuma, because Mr. Zuma’s position is a very simple one. State attorney, presidency, you’ve put me in this position. You’ve put me in a position where I am now being held liable to pay R28 million. Plus, if we follow the DA’s logic, I’m likely to lose my own pension, likely to lose my home, and I’m likely to live in perpetual debt until I die. The originator of this injustice is the state. The state’s unconstitutional conduct is the reason why Mr. Zuma is in this position,” argues Masuku.