Zuma not opposed to 'state capture' inquiry

2017-05-26 11:06
President Jacob Zuma. (Phill Magakoe, AFP)

President Jacob Zuma. (Phill Magakoe, AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town – 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 legal or constitutional right to tell him what to do, his office said 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 in a statement.

According to legal advice Zuma received, only he can decide whether a commission of inquiry can be established.

He 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, currently Mogoeng Mogoeng, was not only unconstitutional, but unlawful.

The chief justice also did not have the powers to do the things the Public Protector recommended, the Presidency said.

Madonsela made this recommendation due to the unprecedented situation of the president possibly being implicated in the allegations that the Gupta family was milking its relationship with him and his son.

'Impermissible in law'

This was allegedly to obtain government contracts, to the point of allegedly having a say in ministerial appointments.

"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 Presidency believed that for all of these reasons, his application for a court review of the findings did not mean he is opposed to the establishment of a commission of inquiry.

"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."

Read more on:    public protector  |  jacob zuma  |  state capture  |  politics

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

Inside News24

Partner Content
How data is changing investments

Technological disruption is rife in many spheres of business and given the quantity of data available, it’s no surprise that the way in which asset managers work is also changing fast.

Behind the sparkle

Alluring, beautiful and timeless - diamonds are some of the most sought after gems in the world and are a true testament of everlasting brilliance. Let us take you behind the sparkle to show you the history behind this coveted jewel.


Chocolate can be fatal for dogs

Chocolate contains a substance called theobromine that is similar to caffeine and is toxic to dogs at certain levels.



Spider-man star's adorable relationship with his dog
Do you know what you are feeding your dog?
Watch: Proof animals have souls
Would you clone your pet?
Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.