“The State Attorney decided that it was appropriate to grant the request of the former President, subject to the condition that he make an undertaking - which he did - to refund monies thus spent should it be found that he acted in his personal capacity and own interest in the commission of the alleged offences,” said President Ramaphosa in a statement.
President Ramaphosa said this was done in line with section 12.2.2 of the then applicable Treasury Regulations, issued in terms of the Public Finance Management Act, 1999, read with section 3(1) of the State Attorney Act.
The Act states that if it is found that an official was acting outside the course and scope of his employment and lost a case, that official must refund the state.
The President provided clarity on the former President’s legal fees following questions from Economic Freedom Fighters (EFF) leader Julius Malema during an oral reply session on 14 March 2018.
The EFF’s questions referred to cases in which it is alleged that the former President committed criminal offences took place during his tenure as a government official both at provincial and later at national level.
The request made by former President Zuma for legal representation at state expense, considered section 3(3) of the State Attorney Act, 1957.
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