Zuma in turnabout on court application

PRESIDENT Jacob Zuma has abandoned a significant part of his review application in the Pretoria High Court‚ with the result that his case is in limbo.

His lawyers have told the court that he no longer wants former public protector Thuli Madonsela’s State of Capture report referred back to her successor‚ Busisiwe Mkhwebane‚ for further investigation.

Advocate Ishmael Semenya‚ who was arguing on behalf of Zuma‚ told the court that Zuma had dropped this request which had formed a significant part of his case.

Among Zuma’s criticisms of Madonsela’s findings was that she had rushed her report.

Semenya said that if the review application did not succeed‚ it would mean the remedial action would stand as is.

If the review, however, does succeed and the remedial action is set aside‚ it is not clear what would happen‚ as there is no direct indication from Zuma that he will definitely institute a judicial commission of inquiry into the allegations around state capture‚ as the remedial action states should happen.

Zuma had asked the court to review the remedial action, arguing that the protector did not have the power to dictate to him what to do with his executive powers.

Madonsela had said that Chief Justice Mogoeng Mogoeng should select a judge to head up the judicial commission of inquiry‚ as the president might be conflicted.

Zuma also requested that if the remedial action was reviewed and set aside‚ the State of Capture report must then go back to the pubic protector for further investigation. This is thus no longer the case. Judgment was reserved. The DA said Zuma’s withdrawal was nonsensical and bizarre.

“If this had been what the president had intended all along‚ why has he dragged it out in such a cynical and time-wasting manner?” DA federal council chairman James Selfe said.

“The president has repeatedly said he intends to appoint a commission of inquiry‚ but will not be dictated to about who should preside over the inquiry.

“Now it appears – much as was the case in the Nkandla and spy tapes judgments – that the president is changing tack at the last minute.”