Zuma slams Thuli for ‘outsourcing’ inquiry
‘Mkhwebane is right person to conduct state capture probe’
PRESIDENT Jacob Zuma has accused former public protector Thuli Madonsela of “outsourcing” her investigation into allegations of state capture by recommending that a commission of inquiry conduct the probe instead of her successor.
Zuma made the charge in papers filed in the High Court in Pretoria in response to an application by the DA for an order forcing the president to establish a commission of inquiry into state capture, as recommended by Madonsela.
Zuma said the only reason the former public protector had recommended a judicial commission of inquiry into the matter was because her term of office was coming to an end and she did not “want the office to continue with the investigation outside her control”.
Madonsela delivered her State of Capture report on the final day of her seven-year term last October, before handing over her post to Busisiwe Mkhwebane.
Madonsela stipulated that an inquiry on the activities of the Gupta family and others NOT BINDING: Zuma is fighting twin legal battles should be conducted by a judge — but one appointed by Chief Justice Mogoeng Mogoeng, and not by the president.
In a separate legal action, Zuma has lodged a review application against the State of Capture report in the same court. It has been set down for argument in October.
The court will hear the DA application on September 12.
In his papers filed on the DA application, Zuma said he opposed the appointment of a JUDGE NEEDED: Thuli Madonsela commission of inquiry partly because such a commission would not be able to make binding legal rulings — which the public protector could make.
Zuma said in his papers that Madonsela had not performed her job properly. Only Mkhwebane could properly investigate the matter and make a recommendation that would be binding on him.
“[Madonsela’s] decision underpinning the remedial action, that is to outsource it, was irrational since the only conceivable deduction to be made was that the then public protector’s term of office was coming to an end and she was unwilling for the office to continue with the investigation outside of her control,” Zuma’s affidavit said.
In his review application, Zuma objected to, among other things, Madonsela’s stipulation that Mogoeng should appoint the judge to head the inquiry. He said this would be unconstitutional.
In response, Madonsela told the Sunday Times that Zuma’s latest argument was “bizarre”.
She said she acted within her powers when she recommended that a commission of inquiry be set up to further probe state capture allegations.
“This was not outsourcing — although, as PP, I had the power to outsource. It was taking ’NOTHING TO HIDE?’: Demonstrators make their feelings clear during a gathering at St George’s Cathedral in Cape Town at the time of President Jacob Zuma’s state of the nation address in February
The allegation is bizarre. . .the investigation is out of my control
appropriate action to remedy the need for an extensive, open and credible investigation as stated in the State of Capture report,” she said.
“The allegation is bizarre. In the hands of a commission of inquiry, the investigation is out of my control.”
The president had no basis on which to refuse to implement the recommendations of a commission of inquiry if they were lawful, just and reasonable, Madonsela said.
If Zuma had “nothing to hide on the alleged abuse and corrupt use of state power to benefit the Guptas and companies co-owned by his son, he should be anxious to clear his name”.
Deputy President Cyril Ramaphosa, who is in the running to succeed Zuma as president of the ANC in December, has expressed his support for Madonsela’s report.
Last month he said the allegations that individuals were exercising undue influence over state appointments and procurement decisions should be a matter of great concern.
“I support that there should be a judicial commission of inquiry.”
SACP general secretary Blade Nzimande has also called for the inquiry to be launched, and for the Guptas’ citizenship to be revoked.
In February, Mkhwebane said she would oppose Zuma’s application for a review, but was still seeking legal advice. Comment on this: write to tellus@sundaytimes.co.za or SMS us at 33971 www.sundaytimes.co.za