President Jacob Zuma is a "delinquent litigant", Democratic Alliance (DA) leader Mmusi Maimane said on Thursday.
Maimane was reacting to Zuma's appeal against the North Gauteng High Court’s ruling in Pretoria's that National Prosecuting Authority (NPA) head Shaun Abrahams should step down from his position.
In the landmark judgment last week, Judge Dunstan Mlambo also ruled that Deputy President Cyril Ramaphosa should appoint the new National Prosecuting Authority head, as Zuma was conflicted.
In his justification that Zuma's appeal was groundless, Maimane quoted Section 90 of the Constitution, which states that - should the president be unable to fulfill his duties - his deputy should step in.
Maimane said he hoped that Zuma would learn a lesson from the state capture judgment, which dismissed his challenge to former Public Protector Thuli Madonsela's proposed remedial actions.
"He is a delinquent litigant. He is a tsotsi trying to play around with court. He is conflicted by the matter. Ultimately, if he proceeds, he will get a personal cost order.
"Unless the Guptas have bottomless pits of money, then they must continue to fund Zuma's endless litigation."
In his appeal, Zuma argued that the court had erred in ruling that he was "unable" to perform his powers as president in relation to the National Director of Public Prosecutions, and yet able to perform his other presidential functions.
"The court erred in law and the order is not just and equitable within the meaning of s 172(1)(b) of the Constitution in granting the above-mentioned order as against the applicant."
Mlambo gave Ramaphosa two months to appoint a new NPA head.
"In our view, President Zuma would clearly be conflicted in having to appoint a NDPP, given the background to which we have referred, particularly the ever-present spectre of the many criminal charges against him that have not gone away," Mlambo said.
The court declared that, "as long as the incumbent president is in office, the deputy president is responsible for decisions relating to the appointment, suspension or removal of the NDPP".
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