President Jacob Zuma not opposed to commission of inquiry into “state capture”

The presidency said on Friday that President Jacob Zuma is not opposed to a commission of inquiry into allegations of “state capture”. However, his legal team says that the Public Protector had no legal or constitutional right to tell him what to do.

The “State of Capture” report was Thuli Madonsela’s parting shot following a storied seven years as a public protector. She spent the better part of that seven years keeping the ANC in check while earning herself an international reputation and making it to the Time Magazine list.

The state of capture report was born in the wake of the allegations that President Jacob Zuma has sold off most of the powers of his office as well as some state assets to the Gupta family. Since then a commission of inquiry has been set up to look into the matter.

“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,” the Presidency said, adding that these powers are nowhere in the Public Protector Act.

“Finally, the decision underpinning the remedial action, which is to outsource it, is irrational since the only conceivable deduction to be made is that the former public protector’s term of office was coming to an end and she was unwilling for the office of the [new] public protector to continue with the investigation outside her control,” the statement by the Presidency read.

“What is at stake is the interpretation of the Constitution on a matter as fundamental as the powers of the head of state and government and the relationship of the executive branch with other branches.

“The review challenge is therefore aimed at clarifying and strengthening our constitutional jurisprudence on the roles of the executive, the judiciary and Chapter 9 institutions,” the Presidency said.


Related Posts

Join the Discussion

Your email address will not be published. Required fields are marked *