ANC to appeal Nkandla SMS decision

The judge has agreed to hear the ANC’s application against the Nkandla SMS in a weekend session.

DA demonstrators gather outside the High court in Johannesburg while court proceedings are underway over an Nkandla SMS sent out by the opposition party against the ruling ANC. Picture: Reinart Toerien/EWN.

JOHANNESBURG - The African National Congress (ANC) says it is confident it will be able to convince the High Court in Johannesburg to grant it leave to appeal the Democratic Alliance (DA) Nkandla SMS judgment.

The ruling party says acting Judge Mike Hellens has agreed to hear its application in a weekend session on Saturday.

Last week the judge ruled against the ANC's application to stop the DA from sending the SMS, which claims President Jacob Zuma stole government money to build his Nkandla home.

The ANC's Jackson Mthembu says the judge used the wrong part of the law when making his decision.

"There is no fair comment in the electoral act or in its regulations. It's either you talk falsely, which is prohibited, or you don't."


The Nkandla report, which investigated multimillion rand upgrades to the president's home, found he and his family improperly benefitted from some of the upgrades to his private home.

Public Protector Thuli Madonsela recommended Zuma repay part of the expected total bill of R246 million and also found Zuma breached the executive members' ethics code.