Former President Jacob Zuma has appealed to the SCA to reinstate the taxpayer funding of his corruption trial defence costs – even if government's decision to pay his legal bills for the last 16 years was unlawful, reports legal writer Karen Maughan for News24.

In heads of argument, Zuma's lawyers argue that – given the length of time it has taken to have the state's funding of his legal costs to be declared unconstitutional – the state should ‘continue funding Zuma on terms that ensure that such funding is accounted for in a transparent way’.

In an appeal application that will be heard on 16 March, they maintain Zuma will pay back the money spent on his defence costs – already estimated at more than R16m – if and when he is found guilty of arms deal-related corruption and following a possible appeal process.

Zuma, who the report notes has previously stated he will need to sell his socks and hats to pay his lawyers, is expected to go on trial this year.

His lawyers have argued that the withdrawal of his state legal funding, before the start of that trial, would be a violation of his constitutional rights. They say it will also amount to ‘unfair discrimination’ against him as the state's legal funding for functionaries accused of committing crimes in their official capacity has been a long-running practice in SA.

‘It is unfair discrimination to extend state funding for persons who are accused of sanctioning the murder of innocent children in the Truth and Reconciliation Commission and the criminal courts and then deprive Mr Zuma of a chance at defending himself on allegations that he committed fraud while he served as a member of the provincial and national executive.’

Zuma's corruption defence funding was cut off by the Gauteng High Court (Pretoria) in December 2018 after a full Bench found that there was no legal basis for government to foot the former President's legal bills.

The News24 report notes the court made its far-reaching ruling after the DA and EFF challenged the legality of the state's decision to pay all the costs linked to Zuma's corruption defence – including his multiple pre-trial challenges to the prosecution against him.

Zuma's lawyers say this decision is ‘wholly unjust’ and will profoundly impact on his ability to defend himself in his corruption trial.

‘The fact that he (Zuma) has to conduct his criminal defence without the financial support of the state has a significant impact on his legal representation,’ they argue.

Full News24 report (subscription needed)