High Court rules against DA in in­quiry case

Daily Nation Newspaper - - NEWS OF THE WORLD -

PRE­TO­RIA - The High Court in Pre­to­ria has granted Pres­i­dent Ja­cob Zuma a stay in im­me­di­ately im­ple­ment­ing a ju­di­cial com­mis­sion of in­quiry as rec­om­mended in the Pub­lic Pro­tec­tor's State of Cap­ture re­port.

This is un­til his ap­pli­ca­tion for a re­view of that re­me­dial ac­tion rec­om­mended by the re­port is heard in Oc­to­ber.

"It’s not in the in­ter­est of jus­tice to com­pel the pres­i­dent to im­ple­ment the re­me­dial ac­tion," Judge Mot­samai Makume said yes­ter­day..

He stated that it would be a waste of re­sources and court pro­cesses since the re­view ap­pli­ca­tion was set to be heard next month.

"(The) ap­pli­cant has failed to demon­strate the prej­u­dice or harm... (if the) pres­i­dent fails to es­tab­lish the com­mis­sion of in­quiry as per the re­port re­leased ten months ago.”

The DA and the Pub­lic Pro­tec­tor were or­dered to pay costs of the ap­pli­ca­tion.

DA fed­eral coun­cil chair­per­son James Selfe said af­ter the rul­ing that the party would like the re­view ap­pli­ca­tion to be heard as soon as pos­si­ble "so we can get to the bot­tom of what hap­pened... and es­tab­lish the com­mis­sion of in­quiry."

He said the DA did not tech­ni­cally lose the case as the judge or­dered a stay on its ap­pli­ca­tion, which ef­fec­tively meant that if the re­view was heard and dis­missed, then the DA ap­pli­ca­tion au­to­mat­i­cally comes into ef­fect.

In her re­port, then Pub­lic Pro­tec­tor Thuli Madon­sela rec­om­mended that Zuma es­tab­lish a com­mis­sion of in­quiry into state cap­ture and that Chief Jus­tice Mo­go­eng Mo­go­eng choose a judge to pre­side over it.

Ad­vo­cate Ish­mael Se­menya, for Zuma, pre­vi­ously ar­gued in court that the pub­lic pro­tec­tor "does not en­joy the power un­der the Con­sti­tu­tion of telling Zuma to es­tab­lish an in­quiry and (say­ing) that the Chief Jus­tice will ap­point the judge (for the in­quiry)."

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