Zuma Foundation gives Ramaphosa a week to reverse decision to appoint chief justice Zondo

The Jacob Zuma Foundation has given President Cyril Ramaphosa a week to reverse the appointment of chief justice Raymond Zondo or face legal action for what it considers to be an “illegal” appointment.

In a five-page letter to Ramaphosa the foundation outlined its objections to Zondo's appointment, including his failure to get the nod from the Judicial Service Commission (JSC). 

The JSC last year recommended then Supreme Court of Appeal president Mandisa Maya for the chief justice post, overlooking Zondo who was then deputy chief justice.

Ramaphosa elevated Zondo to the top post and appointed Maya as his deputy.

The foundation contended: “During the JSC interviews one of the pertinent issues raised which should have disqualified Zondo was his clearly untruthful and dishonest account of meetings privately held with former president Zuma.

“Among several other disqualifying factors is that Zondo at the time and continues to ignore an application brought by Zuma against his non-recusal from sitting as chairperson of the state capture commission in respect of his appearance and/or participation in those proceedings and based on, inter alia, the previous relationships and other dealings between Zondo and the former president.

“Our clients also have reason to believe judge Zondo was correctly ranked last by the JSC following its post-interview deliberations. This means, in the independent view of the JSC,the other three nominees performed far better than him, and he was determined to be the least suitable or an unsuitable candidate. It is therefore inexplicable and seemingly irrational that you nevertheless elected to ignore or overlook the informed recommendations of the JSC in making the relevant appointment.”

The foundation said Ramaphosa's decision to appoint Zondo “was accompanied by ulterior, illegal and unconstitutional and personal motives on your part”, especially given that Zondo made adverse findings against Zuma in his state capture report and made “adverse unjustified and irrational political and personal statements” against the erstwhile president during a recent lecture.

“For all the reasons mentioned above, which are by no means exhaustive, our client has instructed us to demand, as we hereby do, that you reverse your illegal decision(s) to appoint Zondo as chief justice and to ignore or overlook the recommendations of the JSC. 

“Secondly, we are instructed to demand, as we hereby do, that you furnish our clients with the reasons which led to your aforesaid ostensibly irrational decision(s) and/or conduct and to do so by the date referred to in the preceding paragraph.”

The foundation said failure to heed these demands would result in “urgent legal proceedings in the appropriate court without giving any further notice” to Ramaphosa.

The president was given until May 11 to comply.

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