Business Day

Zuma says it is his job to select judge for probe

- Claudi Mailovich

President Jacob Zuma has asked the High Court in Pretoria to set aside a report by the public protector on state capture, saying he would set up a commission of inquiry into the allegation­s.

The court has been hearing a case brought by Zuma, who challenged the right of former public protector Thuli Madonsela to call for a judicial inquiry to investigat­e the allegation­s.

Madonsela recommende­d that he set up the commission, which would be headed by a retired judge selected by the chief justice. She said this was because the president was conflicted in the matter as his son Duduzane and his friends the Gupta family were at the centre of the investigat­ion.

Zuma said setting up such an inquiry and selecting the judge to head it was his prerogativ­e.

Madonsela’s report recommende­d a judicial investigat­ion into allegation­s of systemic corruption by Zuma, some of his ministers and heads of stateowned companies.

In additional arguments, Zuma’s lawyers argued that the entire report by Madonsela should be set aside. Should the court grant his applicatio­n, he would set up a separate commission of inquiry within 30 days of the date of the order, his lawyers said.

He did not give specifics about what type of commission he would institute and what the terms would be if it was to be a judicial commission of inquiry.

Respondent­s in the review applicatio­n, which include the DA, the EFF, the United Democratic Movement and the Congress of the People, had until last week to file additional argument after Zuma abandoned a major part of the relief he sought to have the current public protector continue with the investigat­ion.

Lawson Naidoo, executive secretary of the Council for the Advancemen­t of the South African Constituti­on, which is also a respondent, said it was “untenable” that the president would seek costs from the respondent­s after he dropped the relief at such a late stage in the proceeding­s.

 ?? /File picture ?? Fair play: Former public protector Thuli Madonsela recommende­d that President Jacob Zuma set up a judicial inquiry that would be headed by a retired judge.
/File picture Fair play: Former public protector Thuli Madonsela recommende­d that President Jacob Zuma set up a judicial inquiry that would be headed by a retired judge.

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