SACC queries legality of protector’s motion
Mkhwebane under fire on Zondo’s judicial inquiry
The South African Council of Churches (SACC) says expanding the scope of the terms of reference into the judiciary commmission of inquiry into state capture will “effectively blunt the purpose of the remedial action”.
The SACC wrote a letter to Public Protector Busisiwe Mkhwebane‚ signed by the SACC general secretary Bishop Malusi Mpumlwana‚ which was sent to her on Monday querying the legal status of her intention to help Zuma broaden the scope of the terms of reference.
“In summary madam public protector‚ we seek your clarification on the intended legal status of the public protector’s call to the president to expand and nuance the terms of reference as cited in the public protector’s public statement?” the letter reads.
Mkhwebane said in a statement last Wednesday that Zuma should not limit the terms of reference for a commission of inquiry into state capture to the findings of her predecessor Thuli Madonsela’s report‚ but he should ensure that the terms are broad enough to cover allegations concerning the state and all its entities.
Her statement came a day after Zuma announced that he would be establishing the commission of inquiry into state capture which would be led by Deputy Chief Justice Raymond Zondo.
The SACC said it wanted to know what the legal status of Mkhwebane’s suggestion was and whether it should be regarded as a change to the recommendations made in the State of Capture report released by the office of the public protector in 2016.
The church body also indicated that it intended to write to Zondo on his understanding of the matter on whether the public protector could broaden the terms of reference on the commission of inquiry.
Zuma is yet to release the terms of reference but ANC president Cyril Ramaphosa said at the weekend the terms of reference must be in line with Madonsela’s recommendation and the scope should not be broad.