Court calls for capture probe
THE North Gauteng High Court ruled yesterday that the widespread allegations of state capture – the hijacking of the state by private interests, particularly the wealthy, politically connected Gupta family – was deeply worrying and must be thoroughly probed by an independent panel.
“Whether the remedial action (prescribed by former public protector Thuli Madonsela) is appropriate, the court held that there is compelling prima facie evidence that the relationship between the president (Jacob Zuma) and the Gupta family had evolved into state capture, and that the matter is of great public concern,” Judge President Dunstan Mlambo said in delivering the ruling
From Page 1 of a full Bench of three high court judges.
He said the superior court held that commissions of inquiry were, by their nature, open and transparent to the public, and possessed a number of “important advantages”.
“Taking into consideration the budgetary constraint and the scale of the investigation to be done, (the court finds) the judicial commission of inquiry suitable to carry out the investigation.”
Last year, Madonsela’s report recommended that a commission of inquiry be established by Zuma, but that the presiding judge be chosen by Chief Justice Mogoeng Mogoeng.
Zuma has maintained that Madonsela overstepped her boundaries.
In a damning and far-reaching judgment yesterday, the high court ruled that Justice Mogoeng would select the judge to preside over the inquiry, as ordered by Madonsela.
“The president (Zuma) is directed to appoint a commission of inquiry within 30 days, headed by a judge solely selected by the Chief Justice (Mogoeng),” ruled Judge Mlambo.
“The president shall take steps which are necessary to give effect to the remedial action (prescribed by Madonsela) and ensure that the judge who heads the commission of inquiry is given powers to appoint his/her own staff, and to investigate all the issues using the record of the public protector’s investigation and the state capture report.”
The court also ordered that the commission of inquiry be given powers of evidence collection that are not less than that of the public protector. The inquiry should wrap up the probe within 180 days.
“The president shall submit a copy with an indication of his intention regarding the implementation to Parliament within 14 days of releasing the report,” said Judge Mlambo.