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Zuma not against state capture inquiry, but...

Publish date: 29 May 2017
Issue Number: 4230
Diary: Legalbrief Today
Category: Corruption

President Jacob Zuma is not opposed to a commission of inquiry into allegations of ‘state capture’, but his legal team says that the Public Protector had no right to tell him what to do, his office pointed out on Friday. ‘The President is of the view that some of the remedial actions directed by the Public Protector (in the State of Capture report) are irregular, unlawful and unconstitutional,’ the Presidency said, according to a News24 report. Legal advice is that only the President can decide whether a commission of inquiry can be established. Zuma is also the only one, in terms of section 84(2)(f) of the Constitution, who can appoint the judge and set the terms of reference and the timelines. Former Public Protector Thuli Madonsela's ‘outsourcing’ of this to the Chief Justice was not only unconstitutional, but unlawful, the Presidency said. It added: ‘The Presidency has noted recent media reports alleging that President Jacob Zuma is opposed to the implementation of the remedial action of the Public Protector as contained in the State of Capture report, relating to the establishment of a judicial commission of inquiry. This is incorrect. ...The remedial action has made that choice for the President, which is impermissible in law.’

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