State-capture inquiry awaits terms from Zuma
• Judge Zondo cannot start operations before commission’s terms of reference are gazetted
Deputy Chief Justice Raymond Zondo’s hands are tied — he cannot begin his work until President Jacob Zuma sets out the terms of reference for the judicial commission of inquiry into state capture. “The law states who has the authority to deal with the terms of reference. I will wait for the terms of reference and, once they are given and if they stand and there is no challenge to them, I will work [according] to them,” he said.
Deputy Chief Justice Raymond Zondo’s hands are tied — he cannot begin his work until President Jacob Zuma sets out the terms of reference for the judicial commission of inquiry into state capture.
“The law states who has the authority to deal with the terms of reference.
“I will wait for the terms of reference and, once they are given and if they stand and there is no challenge to them, I will work [according] to them,” he said.
The commission would have to have its regulations gazetted before Zondo could make key appointments to the commission such as a secretary, evidence leaders and investigators. He expected this to happen in the coming days.
Zondo hinted that the terms of reference, which have yet to be outlined by Zuma, would have to be informed by former public protector Thuli Madonsela’s report, and that the report would have to be “imported” in fixing the terms of reference.
Zuma, as well as Public Protector Busisiwe Mkhwebane, suggested that the terms of reference should extend beyond Madonsela’s report, which could lead to a lengthy delay in the finalisation of the commission’s work.
Zondo was selected by Chief Justice Mogoeng Mogoeng to chair the commission of inquiry recommended by Madonsela in her state-of-capture report.
Though Zuma established the commission of inquiry, he also indicated that he was taking legal advice on continuing with the appeal he had lodged against a high court order setting aside his review application of Madonsela’s report.
This appeal could thwart the work of the commission, despite the selection of its chairman.
Zondo said he would have counsel ready to give legal opinion on the effect of Zuma’s appeal on his commission’s work should the president proceed with it.
“In my view, the allegations are so serious that they go to the very foundations of our constitutional democracy... allegations that certain people are offered ministerial posts by people who do not have the constitutional power to make such offers are, in my view, very very serious,” he told journalists.
The claims about certain people appointing board members to state-owned entities was also “very, very serious”.