Guptas will make state capture report ‘useless’ for at least 2 years: report

 ·24 Oct 2016

The Gupta family’s lawyer says that there is no fear of former Public Protector Thuli Madonsela’s report into state capture being released, because they will challenge it and have it under review for at least two years.

According to the lawyer, the Guptas will challenge the report for review, because the family never had an opportunity to interview the witnesses which have reportedly implicated the family in alleged capture of the state.

The family’s side was never told in the report, he said.

Speaking to EWN, the family’s lawyer said that the report will have no legally binding effect until the review process is completed – adding that “it’s sad” that the report will have “zero consequences for the next two years”.

Madonsela completed and signed off on the state capture report in mid October, when it was to be released on her final day in office. The report investigates the Gupta family’s alleged involvement in state capture – using their relationship with president Jacob Zuma to influence government.

However, two court applications seeking an interdict – from president Jacob Zuma and minister Des van Rooyen, who are both implicated in the report – successfully halted the release of the report until the cases are heard on 1 November.

Meanwhile, new Public Protector, Busisiwe Mkhwebane has indicated she will not challenge Zuma’s court bid for the interdict – a move which has frustrated the Democratic Alliance, which was a key player in getting the investigation going.

The party said it was surprised and concerned that Mkhwebane failed to challenge the matter, adding that it was in the public’s best interests to see the contents of the report as soon as possible.

“It is concerning that the new Public Protector – after just two weeks in office – is increasingly showing signs of being subservient to the Executive,” the DA said.

“This is not only counter to her constitutional mandate, but also does not instil confidence in the public that she will in fact carry out her duties without fear, favour or prejudice.”

According to Mkhwebane’s reported response in court papers, it is up to the court to decide whether the report can be released.

More on the state capture report

The questions Zuma won’t answer on state capture

Is this why Des van Rooyen is so desperate to block the state capture report?

These are the state capture questions Des van Rooyen couldn’t answer

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