President Jacob Zuma File picture: Armand Hough/ANA

Johannesburg - President Jacob Zuma will seek leave to appeal the Gauteng High Court judgment that dismissed his review application of the State of Capture report. 

Judge President Dunstan Mlambo had ruled that Zuma's grounds for seeking a review of the report had no merit and dismissed the application with costs. 

The President argues that the court had erred in charging him for costs as he was not cited in his own personal capacity. 

He is also challenging the aspect of the judgement that took away his power to appoint a judge to head the inquiry. 

 "Whereas the Constitution confers only the President the power to appoint a commission of inquiry, the court has erred in holding that this is a  power  exercised with the Chief Justice. This also offends the the separation of powers doctrine," read Zuma's papers. 

"In appointing a commission of inquiry, the President does not determine the issues that are to be probed (as regards the outcomes of such investigations and findings), the court erred in law in holding that the principle of recusal applies in such a process," read the court papers submitted by Zuma’s lawyers. 

Read: #StateCapture: Court rules Zuma must appoint inquiry

The court was also wrong in arguing that Zuma was "ill-advised" and "reckless in bringing the review of the Public Protectors remedial action in the report, said Zuma’s legal team. 

The infamous report was released in October 2016 by former Public Protector Thuli Mandonsela and linked Zuma's friends the Gupta family to alleged corrupt activity. 

She recommended that the President appoint a commission of inquiry to look into state capture claims.

But she also recommended that the judge to chair the inquiry should be appointed by Chief Justice Mogoeng Mogoeng, a recommendation that angered Zuma. 

Zuma believed that Madonsela could not dictate to him who should appoint the judge but that it was his constitutional responsibility to do so. 

The court disagreed and confirmed that Zuma was to conflicted in the matter and could not be the one to appoint a judge. Mlambo ruled that Zuma should appoint an inquiry within 60 days. 

The DA's James Selfe said his party was appalled that the President was appealing the ruling. 

Political Bureau