President Jacob Zuma should step down and allow his successor to appoint the judge to conduct the inquiry into state capture.
This was the EFF's advice after Zuma lodged his appeal against the state capture judgment delivered by the North Gauteng High Court in Pretoria last week.
A full Bench of the High Court unanimously found that Zuma's review application of former Public Protector Thuli Madonsela's remedial action recommendations on alleged state capture was ill-advised and reckless.
EFF spokesperson Mbuyiseni Ndlozi said the EFF welcomed Zuma's appeal as his democratic right, but added that it was taking solace that the president will incur the legal costs personally.
"As long as he is not using taxpayers' money to exhaust the legal options, his appeal must be welcomed," said Ndlozi in a statement.
"It is obvious that the man has lost all capacity to feel shame. It is not only embarrassing that he is fighting to appoint a judge in a commission that will be investigating him. It is also a perfect sign that he wishes to undermine the inquiry itself by either delaying it or undermining it from a legal principles point of view.
"This is because a commission appointed by him when he is also to be investigated will be challenged as bias due to conflict of interest," Ndlozi said.
Since the problem Zuma is presenting is that a president must appoint the judge, he should just step down and allow a different president to do so.
Ndlozi said the EFF was confident that "the Supreme Court will embarrass him again and not only uphold the High Court judgment but also order him to pay cost from his own pocket".