Former President Jacob Zuma has been ordered by the Pretoria High Court to reimburse the state for over R28.9-million in taxpayer funds used for his personal legal battles, along with interest.
This comes after years of disputes over who should pay for his defence in cases involving corruption and related matters.
Judge Anthony Millar’s decision, which was delivered electronically on Wednesday, mandated that Zuma reimburse the entire sum of R28 960 774.34, which represents legal fees that the state had illegally paid.
The funds, paid over several years to Zuma’s private attorneys, were found to have been irregularly disbursed to cover his personal criminal defence and related litigation.
Millar reaffirmed the findings of both the full bench of the high court (in December 2018) and the Supreme Court of Appeal (in April 2021), which had already declared the state’s payments unlawful and directed that the money be recovered.
Zuma’s argument rejected
“There is, given the context and the language of the respective judgments, simply no other rational interpretation that can be ascribed to the order in question other than that it was intended that Mr Zuma personally be ordered to repay the R28 960 774.34,” Millar said.
He further rejected Zuma’s argument that the liability rested with the state attorney’s office.
The court held that Zuma had directly benefited from the unlawful payments and was therefore personally responsible.
“I am bound by the decision of the full court and the Supreme Court of Appeal,” Millar said in his ruling.
The DA, which joined the state’s application, was successful in securing additional orders, including the payment of interest and a supervisory order compelling regular reporting to the court on recovery efforts.
The court agreed that Zuma’s failure to repay the funds since the initial demand in 2021 justified the imposition of mora interest, calculated from that date.
Attachment of Zuma’s assets
Millar also directed that, should Zuma fail to settle the debt within 60 days, the state attorney may seek the attachment and sale of the former president’s assets, including his presidential pension.
“The state attorney shall report on affidavit to the court within three months of the date of the order, and thereafter every three months until the first respondent’s judgment debt is satisfied.
“The first respondent [Zuma] is ordered to make payment, being in respect of monies advanced for his legal fees and associated expenses,” the judge ordered.
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