Former deputy finance minister Sfiso Buthelezi plans to proceed with a court bid seeking to scrap parts of the commission of inquiry into allegations of state capture despite chief justice Mandisa Maya not granting permission for the litigation against former chief justice Raymond Zondo.
Buthelezi and former Passenger Rail Association of South Africa (Prasa) board members Bridgette Gasa, Nkosinathi Khena, Mmatebogo Nkoenyane and former Prasa CEO Lucky Montana want parts of the commission’s report detailing allegations of maladministration at Prasa declared unlawful and irrational and set aside.
Though the review application was initiated in 2022, the case was delayed because the applicants did not cite Zondo, who was the commission’s chair. Another defect flagged was that there was no permission from the chief justice before the litigation against Zondo, a retired justice, was initiated.
The Superior Courts Act requires litigants in civil proceedings to seek permission from the head of the court before litigating against a judge.
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