JOHANNESBURG - While Democratic Alliance (DA) leader Helen Zille
celebrated her Supreme Court of Appeal victory, Cape Town businessman Richard
Young had little reason to be happy.
Young was the original complainant about corruption in the 1999 arms deal, and
the DA asked Young to join their application when they launched their 2009 bid
to have the decision not to prosecute Jacob Zuma reviewed.
While the DA and Young won the case, Young was ordered to pay the costs of the
matter. “As the original whistleblower, and as a person whose company lost out
on millions because of corruption, I obviously had the legal standing to
challenge the decision,” Young told The Citizen yesterday.
“If the DA had acted alone the courts may have said they were meddling in
something that did not concern them. I’m still studying the judgment as the
decision to make me pay the costs when the DA won the case is difficult to
The DA’s James Selfe indicated the party would assist with Young’s legal costs.
Advocate Paul Hoffman said the decision to award costs against Young was
probably due to the Supreme Court of Appeal deciding
Young had not made a clear enough case *1
against Zuma, and had not convinced the court his
intervention was in the public interest *2.
acknowledgements to Paul Kirk and The Citizen.
affidavits were drafted up by very experienced senior counsel and substantially
supported by my own detail input with support annexures.
They are extremely detailed and extremely clear.
*2 The affidavits made it very clear that my application was
in the following respects :
- to support the DA's review
- in my own private interest;
- in the interest of the company
of which I am the sole and managing director; and
- in the public interest.
It is clear that the content
of these affidavits was not noted by the court.
The applicants' counsel did not belabour this point in the court proceedings
because it was asked of the respondents' counsel if Richard Young doesn't have
standing, who does?
The DA got a big win, but in my case it's a crock of shit.