Former President Jacob Zuma’s legal team has 20 days to apply for an order to rescind a default judgment granted in favour of VBS Mutual Bank.
This comes after the VBS Mutual Bank was given the green light to seize former president Jacob Zuma’s cattle, furniture, and other assets to repay his R6,5 million loan for his homestead at Nkandla in KZN.
The default judgment was handed down on Tuesday by the Pietermaritzburg high court. It granted VBS curator Anoosh Rooplal an order forcing Zuma to pay back state money used on Nkandla upgrades in 2011.
Lawyers have 20 days to rescind VBS judgment
Speaking to The Witness on Wednesday, legal expert Mpumelelo Zikalala said the default judgment means that no one came to court to defend the allegations or actions.
Zikalala said according to court rules, the defence — in this case, Zuma’s legal team — has 20 days to approach the court to bring an application to rescind the order.
He said Zuma will have to prove the circumstances that led to his not being served with the court papers.
He said usually, the reason given in court is that an incorrect or old address was used.
Zikalala said Zuma would have to prove that there is a reasonable prospect of success in the main application.
This means that should the court remove the default judgment and start the case afresh, what are the chances of him [Zuma] winning the matter? The court would have to hear that. If Zuma’s application passes, the default judgment will be removed.
A trial would then take place so that the application can be heard.
He said if the rescission application is brought, the order authorising the Sheriff to attach and remove Zuma’s properties would be halted until the main application is dealt with.
Zikalala said it would be interesting to know whether Zuma was indeed served with the notice and if he were served, why he didn’t respond.
He said it would be difficult for Zuma’s legal team as they have to prove a lot of things before the default judgment is rescinded.
The Jacob Zuma Foundation issued a brief statement which said the court outcome on the VBS Liquidator v H.E President Zuma, matter was noted.
The Foundation and H.E President Zuma will study the judgment and consult the legal team and if necessary will issue a statement.
Efforts to get hold of Mzwanele Manyi, the foundation spokesperson, were unsuccessful.
This article was originally posted on The Witness
