Former president Jacob Zuma could lose his pension if he fails to repay the R28.9 million that the government spent on his legal fees.
Last week, the Gauteng High Court in Pretoria heard arguments in the case between Zuma and the Presidency.
The Presidency and the State Attorney’s office sought an order to recover the funds, arguing that Zuma failed to respond to or pay the amount demanded in a letter regarding the repayment.
The court battle follows a 2021 Supreme Court of Appeal (SCA) ruling that found the state was liable for Zuma’s legal costs related to his long-running corruption and fraud case stemming from the 1999 arms deal and other cases instituted against him in his personal capacity.
Interest on Zuma’s legal fees?
In the judgment delivered on Wednesday, Judge Anthony Millar noted that the DA sought an order requiring Zuma to pay interest on top of the amount owed.
Millar explained that the exact amount owed by Zuma was only determined after the state calculated the total disbursements for his legal costs under the high court’s 2018 order and formally demanded payment.
The judge said the demand was made in two parts.
The first part, R18.2 million, was demanded on 1 October 2021.
The second part, R10.7 million, was added later, bringing the total to R28.9 million when the current process was served on 24 January 2024.
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He explained that because the two amounts were demanded at different times, interest for late payment (mora interest) began running on each amount from its respective demand date.
“Put simply, mora interest runs on the amount of R18 261 347.72 from 22 October 2021 until 24 January 2024 and from 25 January 2024, mora interest runs on the total amount of R28 960 774.34,” the judgment reads.
The DA had also requested that repayment be made within 60 days against Zuma’s property, including his entire presidential pension.
Millar said he had no objection to such an order, but only if Zuma failed to pay and it was done through a proper judicial process.
“I have no difficulty with the amended directory order as it subjects Mr Zuma to the same process of law as any other debtor.”
High court ruling
Millar upheld the SCA ruling and ordered Zuma to repay the legal fees.
If he fails to do so, his presidential pension — which Millar noted is not necessarily a pension under the Pension Fund’s Act — could be attached by the State Attorney.
“In the event that the first respondent fails to satisfy the judgment debt in this matter within 60 days of the date of the court’s order, the State Attorney is directed to have a writ of execution issued by the registrar of this court for the attachment and sale in execution of immovable and/or movable and/or incorporeal property of the first respondent, to satisfy the judgment debt, including his presidential pension benefit, or portion thereof, if required and subject to an order of court authorising that such attachment order be issued after satisfying itself that it is just and equitable that the order be issued and that the amount is appropriate,” the judgment further reads.
Millar also ordered the State Attorney to report to the court within three months about efforts to recover the money, and thereafter, every three months until Zuma’s debt is settled.
The DA, the judge added, will have one month to respond to the State Attorney’s reports and may seek additional or alternative relief to the court through supplementary papers.
Zuma was further slapped with a costs order.
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