Public protector backs DA’s bid for state capture inquiry
PUBLIC Protector Busi Mkhwebane yesterday supported the DA’s court bid for an order compelling President Jacob Zuma to establish a commission of inquiry into state capture, as recommended by former public protector Thuli Madonsela.
Advocate Hamilton Maenentje SC, representing Mkhwebane, argued it was in the public interest for the allegations of state capture to be investigated thoroughly.
Maenentje said Madonsela’s recommendation that the commission be headed by a judge appointed by Chief Justice Mogoeng Mogoeng, not by Zuma, would avoid a potential conflict of interest.
The court is hearing Zuma’s counter-application against the DA’s case.
Last October, Madonsela recommended Zuma appoint a commission of inquiry headed by a judge.
The DA approached the court, requesting it to declare Zuma had failed to comply with the public protector’s remedial action.
Zuma has taken Madonsela’s “State of Capture” report, which shed light notably on Eskom’s dealings with the Gupta family, on review because he differs with her directive that the commission be headed by a judge appointed by Chief Justice Mogoeng Mogoeng.
Madonsela had given Zuma 30 days to appoint the commission of inquiry and the DA has gone to court to force him to implement the remedial action. The president also argues that the constitution gives him alone the right to appoint the head of a judicial commission of inquiry.
In June, Zuma responded to the DA’s court application with a counter-application for a stay on implementing Madonsela’s report pending the outcome of a review.
In arguing for a review, Zuma states that he was not compelled to comply with a report from the public protector if he had cause to doubt its correctness. – ANA