The ANC has confirmed that its top six officials met on Thursday night to discuss the judgment handed down by the constitutional court earlier that day.
“They met yesterday and they will again today,” national spokesman Zizi Kodwa said on Friday.
Kodwa said once the meetings had concluded, the public would be informed of the outcome.
According to broadcaster eNCA, the officials were holding their meeting at President Jacob Zuma’s private residence in Pretoria.
Mogoeng said Zuma and the national assembly had acted incorrectly when they decided to set aside public protector Thuli Madonsela’s report which recommended that Zuma pay back the funds.
“The failure by the president to comply with remedial action taken against him by the public protector … is inconsistent with the constitution … and is invalid,” Mogoeng said.
Madonsela had found that, while the upgrades which were done at Zuma’s home were meant to exclusively be security upgrades, millions more were spent on features such as an ampitheatre, a visitor’s centre, a cattle kraal, chicken kraal and swimming pool.
Zuma had made submissions to the national assembly, stating that he had not asked for the upgrades.
A parliamentary ad hoc committee, led by police minister Nhlanhla Nhleko, was established to investigate whether Zuma had unduly benefited and was required to pay back any of the money.
The committee came back with a report saying that Zuma was not liable to pay back any of the funds.
Opposition parties, however, took the matter to court, seeking clarity on whether recommendations made by the public protector could be ignored.
Mogoeng on Thursday ruled in favour of the opposition parties, and added that the national assembly had acted incorrectly and should have instead challenged Madonsela’s report before a court of law, instead of dismissing it.
Zuma has been ordered to pay back his portion within 45 days of the court’s approval of national treasury’s recommended percentage.