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Legal Secretary Stellenbosch
Technical Legal Claims Advisor (Insurance) Cape Town

President Zuma to pay back the money for State of Capture interdict

The High Court on 13 December 2017 handed down a decision dismissing President Jacob Zuma's application to set aside and review the public protector's remedial action given in the State of Capture report. The court held that that the remedial action given in the report was binding and ordered that the president establish a judicial commission of inquiry within 30 days as directed.

13 Dec 2017

President Jacob Zuma. Photo: SA Breaking News

In respect of the president's conduct, the court found that his application was based on self-created urgency and that his overall conduct was unreasonable and leads to no other conclusion other than holding the president personally liable for the costs of the litigation on an attorney-client-scale.

It also found that the president’s conduct during the litigation amounted to an abuse of judicial process, which requires more than an ordinary punitive costs order. Importantly, the court found that the tax payer cannot be burdened with paying the costs of the unreasonable and unnecessary litigation.The costs of the litigation are to be calculated from 14 October 2016.