He argued that the party had failed to stick to the 180-day period during which to litigate and should have brought the application as early as 2008.
“It is clear that the DA knew that the legal costs for Mr Zuma were paid by the State as far back as 12 September 2008‚” Masuku argued.
“The unreasonable delay and the prejudice that arises from the litigant bringing a case 14 years later is evident.
“It’s not just Zuma who will suffer [as a result of the litigation]. The state attorney would have been acting unlawfully. Someone in the state attorney must account‚ according to the EFF‚ for the irregularities.
“What we have here is a situation where the state attorney‚ Mr [Michael] Hulley [Zuma’s lawyer at the time] and Mr Zuma must give a full account of happened 14 years ago‚” he added.
Masuku argued that the DA ought to have known that the former president’s legal fees would be paid by the state.
Arguments will continue on Wednesday.