Zuma Criticised For Suggesting Deceased Lawyer Should Pay Legal Bill

Former President Jacob Zuma has faced criticism for suggesting that his late corruption trial advocate, Kemp J. Kemp, should be held liable for the R28.9 million legal bill that state officials have been ordered to recover from him.

Legal Action Against Zuma

In January, the State Attorney and the Presidency initiated legal action to compel him to repay nearly R29 million spent on his legal fees. This action followed a Supreme Court of Appeal (SCA) order from two years ago, which directed the State Attorney to “take all necessary steps, including the institution of civil proceedings, to recover the amounts paid by the state for Zuma’s legal costs.”

In documents filed at the Gauteng High Court in Pretoria, State Attorney Isaac Chowe described Zuma’s claim that his late advocate Kemp J Kemp should be responsible for the legal bill as “bizarre.”

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Chowe argued that Zuma’s legal representative should be reprimanded for making such allegations on Zuma’s behalf. He stated, “There is no order to the effect that legal fees paid to legal representatives must be repaid by the legal representatives themselves.

“I submit that the court should show its displeasure at such baseless allegations which have no legal foundation and do not form part of any remedy known to me under the prevailing circumstances.”

Chowe emphasised that the State Attorney intended to present specific arguments on the legal principles regarding counsel’s obligations to their clients and the court.

Zuma’s Defense

In his efforts to convince the High Court not to order the attachment of his assets to recover the legal fees, he argued that the State Attorney’s claim against him was “premature” because the money could only be recovered if and when he was convicted.

Chowe also criticised the former president for raising arguments that had been rejected by the SCA, including claims that the State Attorney was being racist because apartheid officials had previously received legal funding without efforts to recover those funds.

He argued that the State Attorney never attempted to recover taxpayer funds spent on the defence of apartheid-era officials such as Prime Minister PW Botha, Defence Minister Magnus Malan, and “Doctor Death” Wouter Basson.

All these officials were acquitted of the charges against them, and under the terms of an agreement that the former president himself signed, they would only be required to repay the funds if they were convicted.

Kemp, who acted as Zuma’s advocate during his rape trial and the early part of his arms deal corruption prosecution, reportedly died from Covid-19 complications in January 2021. The amount sought from Zuma is R10 million more than what President Cyril Ramaphosa initially claimed had been spent on his legal costs.

Clarification of Legal Costs

Chowe clarified that an error had been made in the initial letter of demand sent to Zuma. “The total amount of R18,261,347.72, which was stated in the letter of demand, was based on the record of payments that could be traced at that stage.

After a diligent search and verification of the record of payments was conducted during the preparation of this application, it appeared that further monies were expended on Mr. Zuma’s behalf totalling the sum of R10,699,426.62.”

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In 2006 and 2008, Zuma’s lawyers requested State Attorney assistance with the legal costs of four counsels in his criminal cases. However, the high court later ruled that the state was not liable for the costs, and Zuma must repay the money.

Zuma’s appeal at the SCA was opposed by the Democratic Alliance (DA) and Economic Freedom Fighters (EFF). The court found that this was Zuma’s personal legal battle and that he had no right to fund it with taxpayers’ money.

The former president has consistently maintained his innocence and argued that he was entitled to full state funding of his litigation costs because he was accused of crimes directly linked to his role in government.

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