‘Confidence in public protector’s office at risk’

FAILURE to implement the public protector’s remedial action on state capture allegations could harm the public’s confidence in her office‚ the DA said yesterday.

“The public protector is only as powerful as the effect of the remedial action. If it is not implemented‚ that could harm the public faith in her office‚” DA federal executive chairman James Selfe said.

He was speaking yesterday outside the Pretoria High Court‚ which the party has asked to force President Jacob Zuma to comply with former public protector Thuli Madonsela’s direction that the president establish a commission of inquiry into state capture allegations.

Zuma is in the process of challenging the remedial action.

The DA argues that Madonsela’s remedial action should be implemented – unless Zuma applies for a stay of execution‚ which he has not done.

Arguing for the DA‚ Anton Katz SC said Zuma had to obtain an order of court setting aside the remedial action.

Until such an order was obtained‚ the president was in violation of the law‚ Katz argued.

He contended that Zuma was in default of his constitutional obligation by not complying with the public protector’s remedial action.

The public protector‚ cited as the second respondent in the DA’s application‚ argued that Zuma could not take control over the functioning of the commission of inquiry into state capture allegations because he was personally implicated in the matter.

In her remedial action, Madonsela directed that a commission of inquiry into the allegations of state capture be conducted and that Chief Justice Mogoeng Mogoeng appoint the sole judge to preside over the commission.

Zuma is arguing that only the president can establish a judicial commission of inquiry‚ meaning that the public protector’s directive is unconstitutional.