Protector takes Zuma to task

CHALLENGE HAS ‘NO PROSPECT OF SUCCESS’ JZ can have no control over commission as he has an interest in the outcome.

The public protector has torn into President Jacob Zuma’s application to take the State of Capture report on review. Advocate Busisiwe Mkhwebane’s answering affidavit to Zuma’s application excoriates him for attempting to retain control over how the judicial commission recommended by former public protector Thuli Madonsela is set up and run.

“However, because the allegations in the report implicate him personally and financially, it is not permissible to do so,” Mkhwebane said bluntly.

“His challenge to these aspects of the remedial action has no prospect of success.”

Mkhwebane noted Zuma also had no right to delay the judicial commission into state capture and it had to proceed until such time as it was set aside.

Zuma has said on many occasions he did not oppose the formation of the judicial commission, but has stated he was opposed to how it was to be established.

“The president is of the view that some of the remedial actions directed by the public protector are irregular, unlawful and unconstitutional. Legal advice obtained pointed to the fact that the remedial action on the appointment of a commission of inquiry undermines the separation of powers doctrine,” presidency spokesperson Dr Bongani Ngqulunga said in a statement in May.

“The remedial action has made that choice for the president, which is impermissible in law.”

Not so, said Mkhwebane, who relied on Section 96 of the constitution which warns that Cabinet members may not act in any way which was inconsistent with their office, “or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests”, according to the constitution.

This precluded Zuma “from retaining control over the commission, as he is alleged to have a direct personal or financial interest in the outcome of the commission”. –