Mkhwebane wants wide-ranging inquiry
Public Protector Busisiwe Mkhwebane wants President Jacob Zuma to widen the terms of reference of the judicial commission of inquiry into state capture beyond the issues investigated by her predecessor, Thuli Madonsela.
Public Protector Busisiwe Mkhwebane wants President Jacob Zuma to widen the terms of reference of the judicial commission of inquiry into state capture beyond the issues investigated by her predecessor, Thuli Madonsela.
Madonsela’s investigation centred on state capture by Zuma’s friends and family benefactors, the Guptas. Mkhwebane’s request on Wednesday is in line with the call by Zuma backers that the probe should extend beyond the scope of that conducted by Madonsela. This could result in an investigation that could span years and take the focus off the Gupta family.
“Having perused some of the evidence at her disposal and [in the] public domain, the public protector also calls upon the president to ensure that the terms of reference are broad enough to include the capture of all state institutions and SOEs [state-owned entities],” she said.
This followed Zuma’s announcement of his decision to appoint the judicial commission on Tuesday, with Chief Justice Mogoeng Mogoeng selecting his deputy, Raymond Zondo, to head the inquiry. Mkhwebane also indicated that she was prepared to assist Zuma to develop the terms of reference.
The move by Zuma after he challenged Madonsela’s report in court came on the eve of the ANC’s first national executive committee meeting and was widely regarded as an attempt to stave off his removal. There were also suggestions that his last-minute move was aimed at preventing the announcement of a special prosecution process on state capture independent of any commission of inquiry. The Sunday Times reported this was set to be announced by Deputy President Cyril Ramaphosa in the party’s anniversary statement on Saturday.
Zuma said that the commission “must seek to uncover not just the conduct of some but of all those who may have rendered our state or parts thereof vulnerable to control by forces other than the public for which government is elected”. This too suggested a broader inquiry.
Lawson Naidoo of the Council for the Advancement of the South African Constitution said that while Zuma’s move complied with a December high court order to establish the commission within 30 days, it left a window open for him to appeal against the judgment.