“Bearing in mind that the applicant [ANC] says the allegation that President Zuma stole R246 million is false,” he said.
“But the ANC does not give me the Public Protector’s report to show me what the Public Protector actually said.”
Hellens asked Gcina Malindi, SC, for the ANC, how his client could make a case without showing what Thuli Madonsela had said.
The judge however, did say he got the report, titled “Secure in Comfort”, from the Democratic Alliance.
The African National Congress has lodged an urgent application in the high court against the DA over a text message it sent about President Jacob Zuma.
The party wants the court to compel the DA to comply with the Electoral Act and not publish what it will argue is false information.
This was in response to an sms sent by the opposition party which the ANC claimed was a “deliberate lie” and targeted Zuma.
The text message was sent to 1.6m prospective voters in Gauteng, DA national spokesman Mmusi Maimane told reporters earlier.
It reads: “The Nkandla report shows how Zuma stole your money to build his R246m home. Vote DA on 7 May to beat corruption. Together for change.”
The court will hear arguments from both sides at 11.30am, following the tea break.
Maimane, who is the DA’s Gauteng premier candidate, and the ANC spokesman Jackson Mthembu, were in court.