Former president and now leader of the uMkhonto weSizwe party, Jacob Zuma, says that the damage inflicted on him by the State is equal in value to the R28.9 million that the State is claiming from him.
The state holds that this amount was unlawfully spent on Zuma’s legal fees.
Zuma’s court papers stated: “I claim the rights to set-off the entirety of the state’s alleged debt against the damages I have suffered and will continue to suffer as a result of the state’s unlawful and unconstitutional acts against me.”
He accused the state of “false arrest, malicious prosecution and deprivation of my rights enshrined in the Bill of Rights of our Constitution”.
As part of his legal strategy, Zuma has repeatedly sought to delay his trial for corruption, and alleged a political agenda in the charges. He has had no success before the courts in these challenges.
Zuma also alleged that the charges against him were racist in nature, as the state had not attempted to claim funds spent on defending former State President PW Botha and Minister of Defence Magnus Malan: “None of the white males identified herein have ever been required to repay moneys paid by the state, even before their criminal trial has taken place and even before they are convicted by a court of law.”
For this reason, Zuma argued: “The State Attorney has engaged in acts of discrimination against me on the grounds of race, including race, ethnic or social origin, colour, culture, language, and birth.”
He went on to demand that the high court order the state to produce records relating to all officials for whom it has funded legal fees.