Thuli did not ‘dictate’ to Zuma

THE public protector has poked holes in President Jacob Zuma’s assertion that the former incumbent‚ Thuli Madonsela‚ “dictated” to him that he appoint a commission of inquiry into allegations of state capture.

Zuma’s advocate‚ Ismail Sem had argued in the High Court in Pretoria earlier yesterday that Madonsela encroached on executive authority in directing Zuma to appoint the commission‚ saying this amounted to dictating to the president to do what the constitution empowered only him to do.

But counsel acting for the public protector‚ advocate Vincent Maleka‚ said this interpretation was “oppressive” to the values of the constitution.

He said the remedial actions only required Zuma to fulfil his constitutional responsibility.

“We will show that [Zuma] has a constitutional obligation to assist the public protector to take a remedial action that is effective‚ because the court would know that under [the constitution] all organs of state‚ including the president‚ have a constitutional obligation to assist the public protector and ensure that her functions and remedial actions are effective.

“So when the public protector devised this remedy‚ she did not purport to dictate to the president‚ she required him to fulfil his constitutional responsibility or constitutional obligation to assist the public protector to give effectiveness to that remedy‚” Maleka argued.

Zuma is seeking to set aside Madonsela’s directive that he appoint a commission of inquiry to investigate allegations of state capture.

The report recommended that the presiding judge of the commission be chosen by Chief Justice Mogoeng Mogoeng. — DDC