Zuma tries hard to throw out report
President promises inquiry in 30 days
President Jacob Zuma has committed to set up a commission of inquiry into state capture within 30 days if former public protector Thuli Madonsela’s State of Capture report is set aside.
In responding papers filed at the North Gauteng High Court‚ Zuma’s lawyers argue that Madonsela’s report should be set aside.
“Having announced an intention to appoint a commission of inquiry‚ it is recorded that the president will proclaim a commission of inquiry within 30 days of the date of this order‚” the papers read.
Madonsela’s report recommends that a commission of inquiry be set up to investigate state capture‚ headed by a judge chosen by Chief Justice Mogoeng Mogoeng.
Zuma initially told the court this week that Madonsela was outsourcing her function to the judiciary and that the new public protector‚ Busisiwe Mkhwebane‚ must continue the state capture investigation.
But last week‚ Zuma’s advocate‚ Ishmael Semenya‚ said Zuma did not want the court to rule that the report be sent back to the public protector for further investigation. Zuma wants the court to remit the investigation into his alleged violations of the Code of Ethics in relations to state capture back to the public protector.
Effectively‚ he wants the court to set aside the report on the premise that Zuma will institute his own commission of inquiry in good faith.
The DA has opposed this‚ telling the court that Zuma does not want to probe state capture unless he has control of the investigation and can set out the terms of reference.
The EFF‚ represented by advocate Tembeka Ngcukaitobi‚ argued that Zuma was so implicated in state capture that he could not have a hand in the appointment of the inquiry that will investigate him.
Judge president Dunstan Mlambo is yet to make a judgment on the matter.