Public Protector is taking Zuma’s side on state capture findings: report
Public Protector Busisiwe Mkhwebane says that president Jacob Zuma should have the right to appoint a judge to investigate him and his ties to the Gupta family – contrary to recommendations made by Thuli Madonsela in her state capture report.
In an interview with the Sunday Times, Mkhwebane argued that the judiciary was an independent branch of government, and so any judge that was appointed – by Zuma or not – would be able to investigate the matter without fear or favour.
However, the power to appoint judges to commissions of enquiries was the president’s alone, and so it may not be constitutional to order another to fulfil the president’s duties.
Mkhwebane announced this week that she would oppose Zuma’s court bid to have the state capture report reviewed and set aside – but she was clear that she reserved the right to change her mind after getting legal counsel on the matter.
She has reportedly approached legal firm Adam and Adams to find out if Madonsela’s recommendations were unconstitutional or not.
The state capture report recommended that a judicial commission of enquiry be set up to further investigate claims of state capture.
Because president Zuma was implicated in the saga – with his links to the Gupta family being one of the key areas in need of investigating – Madonsela said chief justice Mogoeng Mogoeng should be the one to select the judge to head up the enquiries.
Zuma is opposing the entire report, saying that Madonsela did not investigate the matter fairly, by not giving him enough time to respond.
Evidence later emerged that Zuma was given ample time to respond, but instead chose to frustrate the entire process by remaining silent.
Mkhwebane has been antagonistic towards her predecessor, and has also accused her of leaking audio from the state capture investigation – a matter which she said is still being investigated.
You can read the full report in the Sunday Times for 5 February 2017
Read: How Zuma and friends tried to frustrate the state capture investigation
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