'State capture' report interdict to be heard in November

Pretoria - Lawyers have proposed that the application to interdict Public Protector Thuli Madonsela from releasing her preliminary report on “state capture” be heard in the High Court in Pretoria on November 1.

Legal representatives for the parties involved wanted the matter to be postponed so they could file papers, Local Government Minister Des Van Rooyen’s lawyer told Judge Dawie Fourie on Friday.

Fourie said he would first have to consult the deputy judge president on whether the court room would be available on that date.

Van Rooyen wanted an interdict to stop the release of the report. The UDM, Cope, and EFF wanted an order to preserve and protect the report.

President Jacob Zuma also wanted to stop the release of the report. Fourie said all parties including, Zuma's counsel, would make their submissions on November 1.

Van Rooyen argues in court papers that he was only given 24 hours to respond to the public protector’s “adverse findings” against him.

“The receipt of this letter was the first time I have become aware that the Public Protector’s investigation into the Gupta family entails the investigations of allegations concerning me. I have never been asked to give evidence or make submissions to the Public Protector during the course of this investigation,” he said.

Madonsela’s lawyers told the court that no findings or recommendations had been made against Van Rooyen.

Madonsela signed the report, meaning it could not be changed by incoming Public Protector Busisiwe Mkhwebane.

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