Judgment reserved in DA’s bid against Zuma

JUDGMENT was reserved in the DA’s application for an order compelling President Jacob Zuma to implement the former public protector’s “State of Capture” report’s remedial action to establish a judicial commission of inquiry appointed by Chief Justice Mogoeng Mogoeng.

Judge Motsamai Makume said he would try to deliver his judgment as soon as possible, but it would be delivered before Zuma’s legal bid next month to have advocate Thuli Madonsela’s report reviewed and set aside.

The DA is asking the high court in Pretoria to find that Zuma violated the constitution in that he failed to comply with Madonsela’s instructions to establish a state capture judicial commission of inquiry.

Anton Katz, on behalf of the DA, argued that it was common cause that the remedial action was binding and the looming review application did not influence the fact that Zuma was obliged to establish the commission.

Zuma, on the other hand, through

his advocate Ishmail Semenya, SC, argued that Madonsela had overreached her powers when she ordered him to appoint a commission of inquiry.

Semenya said the president did not need to comply with her directive in light of the looming review application, which he felt that Zuma had a good chance of succeeding in.

He questioned how the public protector’s office, as a Chapter 9 institution, could ever instruct the president to appoint a commission.

“She even says, ‘I will tell you how to do it – by requesting the chief justice to appoint the presiding judge.’

“This is dictatorship of the worst kind,” Semenya contended.

The president filed a counter application for a stay of the remedial action.

This was pending the outcome of his review application next month, in case the court ordered that he had to implement the remedial action in the meantime.

Semenya told the court that Madonsela could not force the remedial action on the president.

Katz in response to Semenya’s arguments said an order forcing Zuma to appoint the commission, would not influence Zuma’s application to have Madonsela’s findings reviewed.

The judge pointed out to Katz that the president’s stance was “don’t tell me what to do, I will do it”. Katz responded: “Then he must do it. “President Zuma told the people of South Africa in Parliament that he will do it… The only prejudice to the president if he sets up the commission is that the dark secrets which may be there, may come out.

“He may be embarrassed by what comes out, but this is not prejudicial to him,” Katz added.