Zuma’s challenge of Public Protector report a delaying tactic - EFF

2016-11-26 08:25
EFF (File, Paul Herman, News24)

EFF (File, Paul Herman, News24)

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Pretoria - The Economic Freedom Fighters say President Jacob Zuma's decision to take former Public Protector Thuli Madonsela's "state capture" report on review is a delaying tactic.

"The EFF rejects Zuma's statement about intending to challenge the Public Protector's State of Capture report as a delay tactic," spokesperson Mbuyiseni Ndlozi said in a statement.

"The Promotion of Administrative Justice Act 3 of 2000 provides that any proceedings for judicial review must be instituted without unreasonable delay and not later than 180 days from the date that the reviewable action was concluded. Knowing Zuma, he intends to only make the application in six months."

Ndlozi said they took the move as a declaration that Zuma will undermine the time frames of the report according to whose terms, said Ndlozi, Zuma must, within 30 days of its publication, constitute a commission of inquiry.

"The report says 'the President to appoint, within 30 days, a commission of inquiry headed by a judge solely selected by the Chief Justice who shall provide one name to the President'. This remedial action is due on the 02 December, 2016. If Zuma intends only to file his court review in 180 days, legally, unless the papers have been filed in a court of law, there is no review and thus, the remedial action must be implemented," he said.

Ndlozi added that the EFF would oppose Zuma's court review as it believed it to merely be a baseless delay tactic. He further stated that Zuma had not yet indicated on what basis he was planning to make the application as the State of Capture report did not make any findings against him or anyone, it only called for further investigation.

"This leaves only one thing to be challenged and that is the remedial action surrounding the commission of inquiry. Zuma indicated already in Parliament that no one can instruct him to appoint a commission of inquiry and even stipulate how such a process should be. He argued that the appointment of a commission is his prerogative only," said Ndlozi.

Ndlozi said the EFF would be writing a letter to Zuma which will be delivered on Monday seeking assurance from him that he would implement the remedial action of the of the Public Protector.

"Failure of which we shall approach the court of law on urgent basis to make sure that Zuma implements the remedial action and does not undermine the office of the Public Protector. He has a duty to respect this office as a chapter nine institution," Ndlozi said. 

Read more on:    eff  |  thuli madonsela  |  mbuyiseni ndlozi  |  jacob zuma  |  politics  |  state capture report

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