Zuma says he’s ‘not opposed’ to state capture commission, but…
President Jacob Zuma says he is not opposed to a judicial commission of enquiry into state capture – but he doesn’t want to be ordered to do set one up by the Public Protector.
In a statement released on Friday, Zuma said that he had noted media reports stating that he was opposed to setting up the commission, however he refuted this stance.
“The President is of the view that some of the remedial actions directed by the Public Protector are irregular, unlawful and unconstitutional,” the presidency said.
“Legal advice obtained pointed at the fact that the remedial action on the appointment of a Commission of Inquiry undermines the separation of powers doctrine. The Constitution gives the power to appoint a commission of inquiry to the President, which she/he must exercise when the President holds a view that a matter of public concern requires such a process.”
The presidency said that the Public Protector’s “state of capture” report ordered Zuma to not only appoint a Commission of Inquiry, but also directed as to what kind of a commission he should appoint and the process that must be followed in appointing it.
“This contravenes section 84(2) (f) of the Constitution which leaves it open for the President to choose what type of a commission of inquiry should be established, whether it should be a judicial commission of inquiry or any other commission. The remedial action has made that choice for the President, which is impermissible in law.”
The presidency also noted that the Public Protector’s report ordered that the Chief Justice head the commission, which is also not within her power to do.
It said that Zuma’s court challenge against the report was a matter of “Constitutional urgency”, to clarify the powers of the Public Protector and the head of state.
The president has been facing increasing pressure of state capture, with the latest report on the issue putting him and the Gupta family at the center of a ‘silent coup’, whereby Zuma has established a shadow government to facilitate rent extraction from state companies.
The SACP, Cosatu, opposition parties, ANC branches, religious leaders, businesses, ANC stalwards and veterans and even voices from within the ANC itself have called for Zuma to step down, and for the judicial commission into state capture to be established as a matter of urgency.
Zuma has said he will not stand down until the ANC NEC tells him to.
The NEC is expected to meet this weekend, where sources have said a presidential recall will be brought up. However, Zuma supporters have said they will shut down any such challenge. It is understood that Zuma’s supporters make up the majority of the NEC.
Read: Connecting the dots: how Zuma and the Guptas’ state capture is structured
Loading ...